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HomeMy WebLinkAboutC2009-432 - 9/22/2009 - Approved.: 2009-432 _ X12009-259 09/22/09 Pesado Construction Co, S P,E C I A L P R O V I S I O N S S P E: C I F I C A T I 4 N S A N D F 4 R 1~ S d F' C O N T R A _C T S A N D - B © N D S F Q R EXISTING BR4,ADWAY WWTP REQUIREMENTS LNV ENGINEERING engineers L consultants its TBPE Firm No. F-366 801 Navigation, Ste. 300 Corpus Christi, TX 78408 Phone: 361-883-1984 Fax: 361-883-1986 FO R WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-1800 Fax: 361/826-5346 __ z City of _~ _ Carpus «y~.....~,~ Chnsti WASTEWATER PGYAR TMIINT AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 ~~~"``` / / ~,~~'iEOFtF~,~~ `~ ~ ~~ ;~ ~ / :• PR03ECT N©: ?414 ~ '~ j.« .i ......................:.... E~ v~u~~u. ,, J~N N...... •.i.H iN. ....`...~ Dx~w~tvG rto: sTL 175 :14384? ~~~ ' -.~kEil~af~~ t~`i0NA1. ~~ S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F 0 R EXISTING BROADWAY WWTP REQUIREMENTS ::I LNV ENGINEERING ~:: engineers 8 consultants TBPE Firm No. F-366 801 Navigation, Ste. 300 Corpus Christi, TX 78408 Phone: 361-883-1984 Fax: 361-883-1986 FOR WASTEWATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-1800 Fax: 361/826-5346 City of ~~ Corpus _- - Chnsti ~~~ WASTE WATER n r,vnxrnfarvr AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 PROJECT NO: 7414 DRAWING NO: STL 175 ~ 1E 0~ tE,r ~ti- ~ • ' ~ ' •.qr~, ~~ 4r• ~' w: ::.i .......................•.:: ea~c w~uRt~-~ .:: 103807 ;;~ ~/~~~y (Revised 7/5/00) EXISTING BROADWAY WWTP REQUIREMENTS PROJECT NO. 7414 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~re-a ~}ece~s and }'=a€€ie-~= NOT USED A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials ~~ =~rerQ~ssiec NOT USED A-18 Schedule and Sequence of Construction ~~-r-i- cvnszra~c=~ °vrr „t~;:i:.y NOT USED A-20 Testing and Certification n ~~ n..^;,.•, t---~-^ _^ NOT USED A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) NOT USED A-24 Surety Bonds ~--~5~ ~'~_--,-~~ ~~ Exe ~o«ez: NO LONGER APPLICABLE ( 6 / 11 / 98 } A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents n 'zc n.a.. ra,r,. c-, i ~ c.-, -.i D^ ..~~ NOT USED z _ A-36 Other Submittals (Revised 9/18/00) ~~ NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities NOT USED n 49 3~endme~t to Seetien B 8-C• ^^r} "'-~'^~~-^~'~^^ NOT USED n ^~~9~eae~y--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) NOT USED NOT USED A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00). A-50 Amended Prosecution and Progress A-51 Maintenance and Control of Wastewater Flows A-52 Disposal of Materials Resulting from Cleaning of Existing-Lines & Manholes A-53 Protection of Existing Facilities A-54 Confined Space Entry Requirements A-55 Errors and Omissions A-56 Noise Control A-57 Dust Control A-58 Electronic Submittal of Bids Attachment 1- City Waste Profile Sheet Instructions and Form. Attachment 2- Electronic Submittal PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS (NOT USED) PART T - TECHNICAL SPECIFICATIONS 09990 Propeller Pumps 09991 Electrical Materials 09992 EMACO S88 CI 051000 Structural Steel 051001 Miscellaneous Metals 098001 Galvanizing LIST OF DRAWINGS 1 Cover Sheet 2 Location Map & General Notes 3 Overall Site Plan 4 Aerobic Digester General Plan Tanks #1 & #2 Sludge Removal 5 Relift Pump Station 6 Splitter Box Rehabilitation 7 No. 1 & No. 2 Clarifier Plan & Elevation 8 New Stilling Well Frame Plans & Details NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: EXISTING BROADWAY WWTP REQUIREMENTS PROJECT NO. 7414; consists of the following items: Removing existing sludge from Tanks 1 & 2 and proper disposal to a TCEQ licensed landfill and payment for all fees (West Digester), replacing existing relift pumps 1 & 4 with two (2).12" Hydroflo H16MFA 1200 RPM pumps with 50 HP motors, rehabilitating the interior concrete walls of the splitter box to provide added thickness and strength to the walls and providing a pre-fabricated diversion gate to isolate each side of the box, and replacing existing stilling well's frame and skirt on Primary Clarifiers 1 & 2. in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, August 26, 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, August 19, 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. 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 NOTICE TO CONTRACTORS r A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term UIRED X NOT RE environmental impact for the disposal of Q contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements X REQUIRED ^ NOT REQUIRED rage I oI ~ ^The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^The name of the project must be listed under "description of operations" on each certificate of insurance. ^For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 826-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority 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 TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for 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 1 I (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of 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 wards or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H} contractually require each other person with whom it contracts, to perform as required by subparagraphs (A}-(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 (H} contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or 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 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to 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. Defrnitions: Certificate of coverage ("certificate')- Acopy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 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, off ce 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 certiftcate 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 certifrcates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by 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 verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of czny coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certifrcates 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 contractor 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 I 1 PART A SPECIAL PROVISIONS EXISTING BROADWAY WWTP REQIIIREMENTS PROJECT NO. 7414 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, August 26, 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 - EXISTING BROADWAY W9~TP REQIIIREMENTS, PROJECT NO. 7414 s^y proposals not physically is possession of the City Secretary's Office at the time and date of bid opening will be deemed late and aoa-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 any proposal, by the proposer, their agent/representative, II.S. Mail, or other delivery service, to any City address or office other thaw the City Secretary's Office will be deemed aoa-responsive if not is possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting will be held oa Wednesday, August 19, 2009, beginning at 10:00 a.m. The meeting will convene at the Engineering Services Maia 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 separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project EXISTING BROADWAY WoVTP REQIIIREMENTS, PROJECT N0. 7414: _.~t 1u~ge~rnk_~- _~ Gl1 LEA disposal to a TCEQ licensed landfill (West Digester), replacing existing relift pumps 1 & 4 with two (2) 12" Hydroflo H16MFA 1200 RPM pumps with 50 HP motors, rehabilitating the interior concrete walls of the splitter box to provide added thickness and strength to the walls and providing a pre-fabricated diversion gate to isolate each side of the box, and replacing existing stilling well's frame and skirt on Primary Clarifiers 1 & 2. All in accordance with the plans, specifications and contract documents; Section A - SP (Revised 12/15/04) Page 1 of 27 A-4 Method of Award The bids will be evaluated based on the Total Base Bid. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Soad (Must reference SXISTING BROADWAY WWTP REQIIIREMENTS, PROJECT NO. 7414 as identified is the Proposal) (A Cashiers Check, certified check, money order or bank draft from nay State or National Baak 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 (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Days Allocation for Raia: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. MONTH DAYS MONTH DAYS January 3 Days July 3 Days February 3 Days August 4 Days March 2 Days September 7 Days April 3 Days October 4 Days May 4 Days November 3 Days June 4 Days December 3 Days This project is essentially a construction contract for a period of 150 Calendar Days and as detailed elsewhere in the contract documents. Damages for exceeding the time allotted shall be as described below. 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, $100 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. Section A - SP (Revised 12/15/04) Page 2 of 27 A-7 Workers Compensation Iasurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. Eeaete~ shell tee ''; ^'^~ _'"' Prevailirxr Wage Scales The Cows Christi City Council has determined the general prevailing minirmm, hourly wage rates for Nueces Crnuity, Texas as set out in Part C. The Ccmtractor and arty subcontractor must not pay less than the specified verge rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcantractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, wor]anan, or c~chanic Toyed, if such person is paid less than the specified rates for the classificaticm of work performed. The Contractor and each subcontractor must keep an accurate record shov~isig the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and ~ the actual wages paid to each worker. Section A - SP (Revised 12/15/04) Page 3 of 27 The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project . 'These doctmients will also be submitted to the City Engineer bi-weekly. (See section for Minority/Mir~rity Business Enterprise Participation Policy far additional requirements czg the proper form and content of the payroll submittals.) One and one-half (l~z) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Workira3 Hours.) A-li Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operatic 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 Lone Star. Notification Company at 1-800-669-8344, and the Verizon Dig Alert @ 1-800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer I34V ELJGII~ER.IIJG Dan S. L~eyendecker, F.E. 883-1984 883-1986 (fax) Logan Burton, P.E. 883-1984 883-1986 (fax) Traffic Engineering 826-3540 Police Department 882-1911 Water Depaxtmexit 826-1880 (826-3140 after hours) Wastewater Department 826-1818 (826-3140 after hours) Gas Department 885-6900 (885-6900 after hours) Storm Water Department 826-1881 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1970 A E P 299-4833 (693-9444 after hours) S B C 881-2511 (1-800-824-4424, after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 826-1946 (826-1960) Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic} 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROC~C (Fiber Optic) 512/935-0958 (Mobile} Brooks Fiber Optic (MAN) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. Section A - SP (Revised 12J15/04) Page 4 of 27 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 USED ~-~~-o vide a min}m~tm ef~tee~tve~}e~3eeTe-~,~e~e==sts aid the-g~i~ i~el~; -b~-is met lim}ted te, eaer3 _ -~r • Y w-,, ~ ; a~w.. r ^ i A-14 Coastructioa Bquipmeat Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Sxcavatioa 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. Section A - SP (Revised 12/15/04) Page 5 of 27 All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. 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. Sludge Removal & Disposal The contractor shall be responsible for the removal and disposal of sludge. Permits will be required for the hauling and handling of all solids and semi- solids resulting from the cleaning of the west digester from the site. Trucks hauling materials removed from the west digester shall be watertight so that ao leakage or spillage will occur. All solids and semi-solids shall be dewatered and delivered by the contractor to a facility that is authorized to receive it. If the Contractor desires to utilize the City's C.F. Valeazuela Sanitary Landfill, the Contractor will be required to complete the attached GENERATOR'S WASTE PROFILE SH88T (See Attachment No. 1). The material must be sufficiently dewatered to pass the required paint filter test. Disposal of the material at the C.F. Valeazuela Landfill is subject to prior approval of the facility and payment of associated disposal fees. A-17 Field Office NOT 4SED 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 identifying activities. Work of separate stages and other logically Identify the first work day of each week. activity, grouped 3. Submittal Dates: Indicate submittal dates required for all submittals. Section A - SP (Revised 12/15/04) Page 6 of 27 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. 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, $100.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due to the Contractor the amount of liquidated damages due to the City from the monthly pay estimate. Days Allocation for Raia The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract .documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections/notes-Engineering~Services to coordinate As-Built plan preparation with A/E Consultant). (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports, As-Builts, O&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to final .quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project Section A - SP (Revised 12/15/04) Page 7 of 27 (d) , •ea (8) Final Acceptance Memorandum prepared by Administrative Assistant {9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork (10) Administrative Asst. submits to director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager (11) Final Acceptance memo returned from Asst. City Manager (12) Authorization for payment (AFP) prepared and submitted to Accounting Department (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Coatractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. A-19 Coastruction Project Layout and Coatrol NOT USED • , , -=s----- -- ----------- - ~--~- ~ ~~ ~..~..~ ~......~.~.J. , eea~re~-~€ t-~2e-9:~~ c~~=mot}ng a~d~regesed €e~ the ptt~gese e€ t =~ eemglet}ems e€ the--pavi~g~~eeess ~13.se €he E}t~e~ Eenet~lta~t-P~ej-eel ~xxg xzsccx ~na~scgcs ice that t~3e Ce33t~aete~ €t~~e}sh a FHa3E].~~ir-6f ~b3A~c-7- .- J p~~~o~~el €e~ the gurpese e€ assisti~~t~e _ ~° '-w~ ~, °`~a r,_ Section A - SP (Revised 12/15/04) Page 8 of 27 A-20 Testiag sad 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 USED A-22 Minority/Minority Business Enterprise Participatioa Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. 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 9 of 27 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 persons} must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0.% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c} For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate .shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s).. 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, .consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, Section A - SP (Revised 12/15/04? Page 10 of 27 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 financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 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 NOT IISSD (Revised 7/5/00) pc~mit is~e~-~e~--aid to aes~~e a~ri~sPeet}ems a€te~ the b~til~i~g-}a .~.y l Section A - SP (Revised 12/15/04} Page 11 of 27 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 Exemptioa (NOT USED) Seetie~c $ 6 33, '£a~-~eempt}ems P~ev}s}ee, }s deleted i~ =`-= =~t===~,. ~~a ~w_ 1 Fea~ree~ts €e~ i~psev~ente~ts Vie- meal-~~epe~t~-awarded ~-the--Ei~~e-f ^_==ruc €~e-Ea~r~ae~ter-elee~s---te-~e~ate-nnde~-a-sepa~a~ed ee~r-ae~ as--de€t~ed--may Seet}ee 3.33. e€ Chagte~ 3, ~'a~e Adntinist~at}ea e€ ~'}ale 34, Pttlalie ~'feaeee--s€ p-r~~l$~ated~-the Eer~elle~~€-P~lie Aeess~€~~s- ..,.......}v.., , ,,,. i. Abtare tie aeeessa~sales tale-germits €~e~ the s€a€e ----r-------• 3. Ides€i€~i~ the app~ep~iate space ee the-LLBtatettte~t e€ ~Iabe~ia~s~d Athe~ Cha~ges~-ice the~re~pesal €e the east e€ m}t e= _~, = ^~^..~- --,, , •, r__.r ___~__~ i~ee~er-aced-refs }~-~~. 3 . P-re~i~e-resale ,...,.~: c. ,,..~,.,. ~,. ,..._.~, : ,,,... __-__-_______ __ -°rr--_-.r. 4. Pr~~ide-the E}tom-ba}th eep}es e€ material }a~*oiees to s~stantiate-tie p~apesal-male,: „F ..~,.v; .., ,.. fi?~s-t-pa~€e~-a-11-Sales, Exeise, aid Hse ~'axes~-apglteable to thi ~, nro~e~. Section A - SP (Revised 12/15/04) Page 12 of 27 A-26 Supplemeatal Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material chan e to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Far each insurance coverage provided in accordance with Section B-6-il 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 13 of 27 A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage .for the term of the Contract up to and including the date the City finally accepts the Project or work. Installation Floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award 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 Administration Staff The Contractor shall employ for this Project, as its field administration staff, .superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. 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 (Reviaed.l2/15/04) Page 14 of 27 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 Pmject. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section 8-7-13. 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 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; Section A - SP (Revised 12/15/04? Page 15 of 2T 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; 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. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy om Sara 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 any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also ac)awwledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Srecutioa 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 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. Section A - SP (Revised 12/15/04) Paga 16 of 27 A-35 City Water Facilities: Special Requirements (NOT USED) B. T ~raeter sha i E ll eet '~ "'''° r s r r~ ~ e e ~., ; , ,_~ .. ~ • T, , a,., ,. • ~ _s i e~~~-te Eit~va asteraa~e~ Y ^: ~ ~ i -., r.T-,- - -- ^- r,. ..,,.a-... =,_.} , e + o t e Fng~9yee 6 F v F n~ ~ ~ ~~ N ~ ^ ti ~ a , ., ~-...- ..~ _ a-.. , ' a- ' ~- +- T ie ' ' ll ~ t l 7 ~ .-.l ~ retee~ 4. L... 1--~ ..F ~-L..-. ..+-...... a ~3e Ee Ganes ~ ? a er s ~trae ~ ~ {~ / L ~ i ' L ' a.1• a1.T Qt /1T04 QL A ~ G7 t } ~ }~ tie re }~ ~,~' l n il ~t~~iale a~ tt ~ erg gcne~ m se , ~ } t l~ '3~$&et B 'Yei` r cc~cco ~ a~i}e~3 -cr eekne a eett e eei = ' ~ $ _~ == , ~- e~ea$er-s ~e _ «.. .,ya.-.. $ 3 iR3ccit4aio ~~ l~2 ~e Qe a , , 6$€ ca = i~~~ ~TS~ 6~f!! ~ A 1~33c Sac ~c ~ocv c E}-c ca ccc ~ t l 7 ~ e$ tie elte ~ ~•~__-~~ ^= `j mesa-ette~ items e aegee are t~ i~ ll • ~~. l F • ~.. Tie ee~trae~e~ sh e e --grey a ~r~~ ~ r Section A - SP (Revised 12/15/04) Page 17 of 27 333]+--BiAi~'~c ~e-~~e __ ~_ .`_- ~,..•-°a -------~'~--"rJ_r ~_nrl anntrnl-w,~atr~m rrua_+- - -j- - ~e~e~€e~ttte~ e~~~-t~~a~i€ie~ tee~~ea~ a~t~ °, ^^`^ _-- ^,.~'^„~-^^, a-she-te~~}~re~-~~~neet~~g tie qt~a~€€}ea€€e~s- ~ t~~{t ~~e~ew-tee v ~ ,, a,... i„,~ ~ s. , wv.~~c Sire S4<TCT, T.~CTO is ixec x=~~te~ te, ~'16~~~€fea~f6~}9, aE~~1~~9i43, e~aeges, se~eet~e~s, €t~~~is~i~g, iasta~~}~, , these ~ -' "__,,.' ---- - =r - ~ . ~-r$ ~eg~~a~~~ e~~age~r~ tie-ea~~~te~--~~rse~~ ,-ryf~Yax~1 r ,.s - a~~ eeat~e~ s stem ~~s€aess ' = a~g ..~, a ~ ~ ; r y rr _- = mtrr~ie i~~-~aa-~e mast ew~~e ~~~- ~e has- e~€e~cne~ we~~-ems s ste~ ~~e € ~ -i ` ~ ~ ¢ s~ -ee~a ,a s ~ eem ~e~}t -- ~ }~ ~ } t~~ e ~ ~ ~e, , t f t g om a~ as e~ e ~ s e ~-ae ea ti~~ee ~Fe has- ~ee~~ aet}ve~ ~ a e~ 4e ti £ e~~ 3 t - ~ eas € ? ~ ~ g w . e- ~e e ~e~e}a €e~--a-~~eas~ ~ f =='"= 4 ~~ ~e Fs a i~e }ste~ ~ ~~ € ~e } ~ f € =r=== __ ~-~~ . ~ g e e ~ e e ess eea ag aee~, a ~~stems ~tg€~ee~, e~' as ~~eet~iea~ ~~~}~ee~ to sttp e~u€se~ ~e ~ ~F ~ ~~i ~ ~ € w ^^F ,,., ~s-ge~see . e e~tg ee s ~e~ee w ie- ave ~__ ~e~e~-a-~a~€~ -t ~ t i i __ ~ --l ~~:,...v.~~ ea~g e ~~e~ s ~~ e ~g-ee~se =-- -= a~ ~ }m ~emeatia ti e }€t ~~'H ~ - S-~- ~ ± g g e ee e s e e~ s, se~twa~e-~~e~ese~ €e~ tie ^~~ s, a se~v= -`r=t :ie 49A m€~e e €a ===t a€ tie-~~ t 7 sit t te ~ om s e ee maiata}a, ~e~ai~, ea~i~~-ate, aa~--~~~g~-a;~t~e- ~. „a w~.,.,,.,., e o ~~e~s Section A - SP (Revised 12/15/04) Page 18 of 27 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. 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. Section A - SP (Revised 12/15/04) Page 19 of 27 g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" NOT USED A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance NOT USED Tie-i-s~xa-~ee-e£ a eer-~€€ieate s€ seettpa~xe~~-€e~ imprevemee~s dyes-new .9- A-40 Amendment to Section 8-8-6: Partial Estimates NOT USED P r S ~4 $~-E tr ~l Estime~es }s me~~~c~t ~f~ -th ` ^,~= ~^..'^~~~^ - _ee e~ = a a a e~~e e =a , -'rr- ___-_._~ lue e€ t i i aeee -table ~e~- e~ishal~l ~ia~3 s~ m ~ li~ r d-~ --~e nc nve ee va i€ l ~ # P p , ~ . e a e e e e e ss th ee~~~a ~ i~ €h ~w ~}t = =~° ~ ...' wer s~ e ~~ •re~ee e e e e~~~ev s _ e- n~ _ ~}palter has-hee~-~a~i d~ €e~ the ~tate~}als del}gyred to the p~e~ee~ .,~~ Section A - SP (Revised 12/15/04) Page 20 of 27 A-41 Ozone Advisory NOT IISSD A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a .negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor„ supplier or materialman. A-44 Chancre Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices; hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This ' breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (~/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. Section A - SP (Revised 12/15/04) Page 21 of 27 (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 Chloriaated water (7/5/00} NOT IISED '£he Ee~t~aete~ shall ~e-r~spe~sr~le €er €he d~i~esal e€ water used €e~ aisie€ee~ie~, aid ma~~~-eaeeee~the--~e~missible li~tits €e~ diseha~gz i~rt~ r,.... a... „i ..a •,..L.,..,......,.„a .,~,,,,. A-47 Pre-Coastructioa Exploratory Excavations (7/5/00) NOT USED ~~}ems €e a~~ee~st~r~etie~ a*ha~~eve~ s~ €he-~~e~ee~, Ee~t~ae~e~ ='~~" =x=~:-~tc ~~egesed-~i$elines e€ tfte-~r~~eet aed-Ee~t~aete~ shall s~r~e~-the ex~e~ ~rpel tote . l'ei' e~isti~Q~i~eli~es rah}eh--~a~allel aid awe daithi~ tee €ee~-{~l~~e£ Znn. F....L n n ~c-x~~raete~ shall the~~~epa~e a ~e~e~t--aid seem}€ }t to the C'; r;r for err==:_~, i-T:a~°at~s.''.Q t~:e g;;~@~' B£-a~-n~l~n°s e3Eeaya~e~ a~3~ stt~'ee et~-as we~~ a•s ~~ ~ r ter.., ~ ~..., ~ a~rc~cin;~tc scat}en theree€ dis-ta~ree ~e €he-}~e~e~x~-ee~te~li~e aid rr ~ ......~...,...., i e ~ef6i~3-8€ ~~3e ~ -r - ~ ----- ~ -- ,. ... .-.., i ----- ~~ r-r- Ce$t~aete~ shall-pew€e~ $e eeaetrt~ette~ we~# e$ the~~e~eet ~s~il -all 7 a YR9\f9 ~' 1 I'frf 0 }\~SFG ~" I~G L.b ~ Y T} ~ L L 1. 7 a a 1. F ~epe~ted Ee €~e $~gi$ee~ a$d ~atil~e$t~ae-te~ ----- • -- ~ .. _,..._1 cf ~~_-__- ..ri.~...... ..a -•r.--. 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. Section A - SP (Revised 12/15/04) Page 22 of 27 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 f4 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 sad Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given .year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." A-51 Maintenance and Control of Wastewater Flows The Contractor shall be responsible for maintaining sewage flows at all times. It shall be the Contractor's responsibility to coordinate with the City Wastewater Department regarding any modifications to the existing plant, such as rerouting flows, or operation of any structure. Any such system - modifications will be subject to approval by the Engineer and the City Wastewater Department and shall not interfere with the proper operation and -- function of the wastewater system. The Contractor shall be responsible for coordinating the review of any system modifications sufficiently in advance ' of the proposed construction operations so as to avoid any delays in time. Sewage or other liquid shall not be pumped, bailed or flumed over the street or ground surface. No sewage or other liquids shall be handled by allowing flexible or rigid bypass pipeline through the storm water lines. To bypass ' the flow, the connections to the existing facilities shall be made over the surface by means of flexible or rigid pipes. The pipe used for bypassing >. this flow shall be strong enough to resist the traffic load, if any, and the size of the pipe shall be capable of handling the incoming discharge, but small enough to not create hindrance to traffic flow or create any blockage or accident. The construction of temporary gravity flow lines, force main d lines, pumping equipment, plugs, flow diversion structures, haulage by tanker truck, etc., required to maintain and control system flows shall be the responsibility of the Contractor. The construction of temporary gravity flow _~ lines, force main lines, pumping equipment, plugs, flow diversion structures, haulage by tanker truck, etc., required to maintain and control system flows shall be considered subsidiary to the various bid items in the contract, and shall not be measured for payment. Section A - 3P (Revised 12/15/04} Page 23 of 27 The City will not support the contractor in his operations by loaning equipment, work crews, removing lines from service, etc. A-52 Disposal of Materials Resulting from Cleaniag of Existing Structures The Broadway WWTP personnel are responsible for draining each structure as much as they are able. It is the Contractor's responsibility to remove/dispose of the remaining sludge. The Contractor shall be responsible for the removal from the site of all solids and semi-solids resulting from their cleaning of the existing structures. Sludge depths for existing structures are not shown in the plans and specifications; however, it is the intent of the plans and specifications that all sludge, grit, debris, etc., be removed from existing structures during cleaning operations. The proper disposal of the resulting sludge, etc., shall then be the responsibility of the Contractor. Trucks hauling materials removed from the existing lines or manholes shall be watertight so that no leakage or spillage will occur. All solids and semi-solids shall be dewatered and delivered by the Contractor to a facility that is authorized to receive it. If the Contractor desires to utilize the City's C.F. Valenzula Sanitary Landfill, he will be required to complete the attached GENERATOR'S WASTE PROFILE SHEET (Attachment I). The material must be sufficiently dewatered to pass the required paint filter test. Disposal of the material at the City's Landfill is subject to prior approval and payment of associated~dewatering fees. If the City's facilities are used for dewatering or disposal of waste, the Contractor shall be responsible for making contact with the appropriate solid waste and wastewater officials, scheduling the work, and meeting any requirements set forth by said officials. Failure to meet these requirements shall be cause for the rejection of the materials by either the landfill or the treatment plant operations. All costs. involved in disposal of the materials resulting from the cleaning of the existing structure including, but not limited to pumping, hauling, drying, landfill charges, etc., shall be considered subsidiary to the various bid items within the contract. A-53 Protection of Existing Facilities Due to the suspected fragile condition of the existing pipe and structures, the Contractor is expected to exercise extreme care in all construction operations, including the installation and removal of all sheathing, shoring and bracing for any required access pits. Construction equipment and techniques employed by the Contractor shall be such as to minimize the possibility of any further damage to the existing pipe and appurtenances. The Contractor shall be responsible for the repair of any existing facilities damaged by construction operations. Such repairs shall meet the requirements set by the Engineer and the City Wastewater Division. The Contractor shall have all materials and equipment ready for immediate repair of the sanitary sewer line in the event that a section of the sanitary sewer line collapses during the course of the project. The Contractor shall prepare and submit a plan of action for emergency repair of the sanitary sewer system to the Engineer for approval. The plan should contain information on repair procedures, location and type of equipment to be used and time required for equipment mobilization.. Section A - SP (Revised 12/15/04) Page 24 of 27 A-54 Confined Space 8atrv 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. A-55 Errors sad Omissions The Contractor shall carefully check these specifications and the contract drawings and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correction any errors and omissions on the. drawings or specifications, which are not discovered or reported by the Contractor prior to construction and which, in the opinion'of the Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. A-56 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffing devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. During construction activities on or adjacent to occupied buildings, and when appropriate, the Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which might interfere with the activities of occupants. A-57 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument. panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. A-58 $lectroaic Submittal of Bida The following paragraph modifies 8-2-7 Preparation of Proposal, of the General Provisions: "The bidder has the option of submitting a computer-generated print-out, in lieu of, the Proposal (SHEETS 3-5), INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) Section A - SP (Revised 12/15/04) Page 25 of 27 contained on Proposal Sheets 3-5. If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 6, 7, and 8. A sample print-out is shown in Attachment 2. In addition, the print-out will contain the following statement and signature, after the .last bid item: (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) Section A - SP (Revised 12/15/04) Page 26 of 27 SUBMITTAL TRANSMITTAL FORM PROJSCT: BXISTING BROADWAY WWTP RSQUIRSMSNTS; PROJSCT No. 7414 OWNSR: CITY OF CORPUS CHRISTI SNGINSSR: LNV ENGINEERING CONTRACTOR: SUBMITTAL DAIS: SUBMITTAL NUMBSR: APPLICABLS SPSCIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 27 of 27 ATTACHMENT 1 CITY LANDFILL WASTE PROFILE SHEET INSTRUCTIONS AND FORM CITY OF CORPUS CHRISTI -GENERATOR'S WASTE PROFILE SHEET INSTRUCTIONS The information contained in these instructions may be used to determine the acceptability of waste intended for disposal at the J. C. Elliott Municipal Landfill. This information is strictly confidential and will only be used as an internal tool to maintain permit compliance with the Texas Natural Resource Conservation Commission. The form must be filled out in its entirety. PART A 1. GENERATOR NAME -Enter the name of the facility where the waste is generated. 2. FACILITY ADDRESS- Enter the street address (Not the P. O. Box) where the waste is generated. 3. GENERATOR CITY/STATE -Enter the city and state of the site where the waste is generated. 4. ZIP CODE - Enter the generator's zip code 5. GENERATOR USEPA ID -Enter the generator's identification number issued by the USEPA, if applicable. 6. GENERATOR STATE ID -Enter the generator's identification number issued by the State, if applicable. 7. TECHNICAL CONTACT -Enter the name of the person who can answer technical questions about the waste. 8. PHONE -Enter the telephone number of the person who can answer technical questions about the waste. PART B NAME OF WASTE - Enter the name of the waste (e.g. putrescible, construction/demolition debris, contaminated soil, etc.) PROCESS GENERATING WASTE -List the specific process or operation that generates the waste. (e.g. municipal refuse, manufacturing, City construction project, etc.) ANNUAL AMOUNTS - Enter the amount of waste that will generated and transported annually. (Use cubic yards, gallons, tons) WASTE TYPE -Based upon the attached defmition found in State of Texas Municipal Solid Waste Law, indicate if the waste type qualifies as a special waste. SPECIAL HANDLING INSTRUCTIONS/INFORMATION -For all wastes, describe any special handling requirements and any additional information applicable to its disposal. DEFINITION OF SPECIAL WASTE According to TAC 30: Special Waste -Any solid waste or combination of solid wastes that because of its quantity, concentration, physical or chemical characteristics, or biological properties requires special handling and disposal to protect the human health or the environment. If improperly handled, transported, stored, processed or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment. Special wastes are: A. Hazardous wastes from conditionally exempt small-quantity generators that may be exempt from full controls under SS335.401-335.412 of this title (relating to Household Materials Which Could Be Classified As Hazardous Waste); B. Class I industrial nonhazardous waste not routinely collected with municipal solid waste; C. Special waste from health-care-related facilities (refers to certain items of medical waste); D. Municipal wastewater treatment plant sludge, other types of domestic sewage treatment plant sludge, and water-supply treatment plant sludge; E. Septic tank pumpings; F. Grease and grit trap wastes; G. Wastes from commercial or industrial wastewater treatment plants; air pollution control facilities; and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 CFR, Part 261, Appendix VII but has not been Listed as a commercial chemical product in 40 CFR, 5261.33 (e) or (f); H. Slaughterhouse wastes; I. Dead animals; J. Drugs, contaminated foods, or contaminated beverages, other than those contained in normal household waste; K. Pesticide (insecticide, herbicide, fungicide, or rodenticide) containers; w L. Discarded materials containing asbestos; M. Incinerator ash; N. Soil contaminated by petroleum products, crude oils, or chemicals; O. Used oil; P. Light ballasts and/or small capacitors containing polychlorinated biphenyl (PCB) compounds; Q. Waste from oil, gas, and geothermal activities subject to regulation by the Railroad Commission of Texas when those wastes are to be processed, treated, or disposed of at a solid waste facility permitted under this chapter; R. Waste generated outside the boundaries of Texas that contains: i. Any industrial waste; ii. Any waste associated with oil, gas, and geothermal exploration, production, or development activities; or iii. Any item listed as a special waste in this paragraph; S. Any waste stream other than household or commercial garbage, refuse, or rubbish; T. Lead acid storage batteries; and U. Used-oil filters from internal combustion engines. 6. INCIDENTAL AMOUNTS OF SPECIAL WASTE -incidental quantities of special waste that do not materially change the physical or chemical identity of the load or make it hazardous waste must be identified by type and amount. - PART C I . METHOD OF SHIPMENT -Indicate the anticipated method of shipment by checking the appropriate box. 2. SUPPLEMENTAL SHIPPING INFORMATION -Enter any additional shipping information. 3. REPORTABLE QUANTITY -Enter the pounds, Cubic Yards, gallons, etc. of TOTAL waste for disposal. PART D TECHNICAL MANAGER DECISION - [To be completed by the City of Corpus Christi] PART E PHYSICAL CHARACTERISTICS OF WASTE [Fill out from the analytical laboratory analysis; then also include copy of the laboratory analysis sheets] 1. COLOR -Describe the appearance of the waste (e.g., green, transparent, varies). 2. ODOR - Do Not Smell The Waste! If the waste has a known incidental odor, then describe it (e.g., acrid, pungent, solvent, sweet). 3. PHYSICAL STATE -Check the applicable box, if "OTHER" enter a descriptive phrase in the space provided. 4. LAYERS -Check all applicable boxes. Multi-layered means more than two layers (e.g., oil/water or solvent(sludge). Single phased means the waste is homogenous. 5. SPECIFIC GRAVITY -Indicate the range. The specific gravity of water is 1.0. most organics are less than 1.0. Most inorganics are greater than 1.0. 6. FREE LIQUIDS -Check "YES" if liquid is usually present when packaging for shipment and estimate the percent of liquid volume. Check "NO" if there are no free liquids as determined by the Paint Filter Test or direct observation. 7. pH -Indicate for liquid portions of the waste. Check the appropriate boxes, which cover the pH of the waste. Use the "RANGE" space if appropriate. For solid or organic liquid wastes,. indicate the pH of a 10% aquenous solution of the waste if applicable. Check "NA" for non-water soluble materials. 8. FLASH POINT -Indicate the flash point obtained using the appropriate testing method. PART F CI-IEMICAL COMPOSITION 1. List all organic an/or inorganic components of the waste using special chemical names. If trade names are used, attach Material Safety Data Sheet or other documents that adequately describe the composition of the waste. For each component, estimate the range (in percents) in which the component is present. In addition, indicate whether any Toxicity Characteristic Leaching Procedure (TCLP) constituents are present in the waste. The total of the maximum values of the components must be greater than or equal to 100 % including water, earth etc. 2. If the waste contains PCB's, cyanides, or sulfides indicate the concentrations. If the waste does not include these constituents are present in the waste. The total of the maximum values of the components must be greater than or equal to 100% including water, earth, etc. 3. Indicate whether the method used to determine the chemical composition in F1 was the TCLP method, an analysis to determine the total concentrations, or another method. Specify the method. PART G SAMPLING SOURCE Describe exactly where the sample was taken (i.e., drum, lagoon, pond, tank, etc.). PART H REPRESENTATIVE SAMPLE CERTIFICATION This section only needs to be completed when providing a waste sample to a lab for testing -chain of custody required Some wastes require analytical data to determine their chemical composition, regulatory status, if they are acceptable for transportation, treatment or disposal. The sample should be collected in accordance with "Test Methods for the Evaluation of Solid waste, Physical/Chemical Methods," SW-846, USEPA, and/or 40 CFR 261.20©, or equivalent rules. A suitable sample container for most wastes is a wide mouth glass bottle with a plastic cap having anon-reactive liner. Plastic containers are recommended for strong caustics or fluorides. Fill to approximately packed and shipped in accordance with U.S. DOT regulations and any specific requirements imposed by the carrier. Improperly packaged samples maybe disposed upon receipt. 1. PRINT SAMPLER'S NAME -Enter the sampler's name. 2. SAMPLE DATE -Enter the date that the sample was collected. 3. SAMPLER' STITLE -Enter the sampler's title. 4. SAMPLER' SEMPLOYER -Enter the name of the sampler's employer. 5. SAMPLER'S SIGNATURE -Sign in the space provided. PART I GENERATOR / TRANSPORTER CERTIFICATION By signature of this profile sheet, the generator/transporter certifies that statements in Nos. 1, 2, 3, 4, 5, and 6 are true and accurate with respect to the waste streams listed. 7. SIGNATURE - An authorized employee of the Transporter must sign the Transporter's Waste Profile Sheet. 8. TITLE -Enter the employee's title. 9. NAME -Enter the employee's name. 10. DATE -Enter the date signed. KEEP A COPY OF THE TRANSPORTER'S WASTE PROFILE SHEET FOR YOUR RECORDS. SEND THE ORIGINAL AND ALL ATTACHMENTS TO THE CITY OF CORPUS CHRISTI - DEPARTMENT OF SOLID WASTE. SAMPLE COMPUTER PRINT -OUT PROJECT TITLE DATE (YOUR COMPANY'S NAME HERE) 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 $ - $ - AZ 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 B1-B21): Sub-Total Base Bid "C" Items (Items C1-C21): Sub-Total Base Bid "D" Items (ItemsD1-D21): Total Base Bid: ATTACHMENT 2 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 22nd day of SEPTEMBER, 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 Pesado Construction Company, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $375,650.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: EXISTING BROADWAY WWTP REQUIREMENTS PROJECT NO. 7414 (TOTAL BASE BID: $375,650.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required. by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 BASE BIU z zz zsz zv v ITEM Q~ Description i Unit Pra:ce Total lc.oo~ l~.zat~n, compleCe ~:~ place per 1 1 LS ; ump sa~n 3S~ppo.eO ~ 35~, ooh eo Relft Ptr;rp 1 Feplac:E:m~nt 2 1 :,;u in a;;c~arcance with the j specifications, cOiisp:ete a:,d in place ` per _ach ~ 0~•°0 $ r-i ~QO.OD ~~ - i Reii~t ?ump 4 Replacement. 4 3 1 E:A in accordance with the ` specifications, cornp'lee and iri .place per each tJo~ ppip ~ L~nAn o0 Spli;t~_er Bnx Rehabil:taY.ion 124 S:~ r.,~ concrete rehab and 1: pre-- ~ a LS fabricated divers,i.on gate ~ ~ in accordance ~.*:th the speci:fica~ions, c.ompiete n.d `in .place E . per luir~p suet ~'a % m '~°~ ~ $ DD~.OD Prizr,ary Clarifier 1 StilT.ng i~~le.].~. Rep.l.acemer,t 5 1 Z.S in accordance with the ~( spec:zieatians, eampletc nand :n place per lump sort: ~s~ ~j•• Y eo .~ IPrimary Clzrifiez 2. ~ Stzl.~ng Well R~placeme~?t 1 1rS in accordance with the specTficatians coripletc~ and r. p1ac per lamp .sum __~7 ~ -""7'"~ $~.St...ZOq ~• S Aero}aic ~gester Tanks 1 2 1-25~ Cv I of S]:udgE Removal i7 accor~iariee with E 7 i ~25~ CY ,:-~e specifications, campleta and ?n I pace per cubic lard _....~~t._~._. ~ C c:.f~0 ~Iallotaa-:ce far ~?emobil: ~ ?tion/ ~ ~ Remob~ ~ ~ rata ~n Eor ~?r~.nary t:lar~.tier 8 i ~S l er ~ ~~> tY.e ~.%ent of a ir.ajor rain ~ event, co~.Let.e in F~laee .per lui^._su~n ~ S5, i~C.OG I S5,~OC.^.- TOTAL BASE BID: (F3.i.d Itema 7.-E3} ~~:vxsFn P:api73di FV.aIi i'~c~ 3 cf r; $ 3~5. Aso _ O° --T' Addenc#wm No:1 i4ttachment No. 1 P~g~ 3 pf 6 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 OF CORPUS CHRISTI By : ~%~~ Oscar Martinez, Asst. City Mgr. of Public Works and Utilities APPROVED AS TO/7~EGAL FORM: By: f Asst. City Attorney ~.~ir By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Pesado Constr'u/ction Company, Inc. BY ~ ~~/bl i~v~ ~C/~ Tit 1 e : ~ ~"~(~M. ~ - ~~ T -~-eS~ 7054 PIPESTONE (Address} SCBERTZ, TX 78154 (City) (State)(ZIP) 210/651-4452 * 210/651-4492 (Phone) (Fax) ,, ~~ ~ ;;~..,. AUTHUKILt4 mr c~u~rci~ .~~`.r~-~~ - --- .. Agreement ~ SECRETARY~~I- Page 2 of 2 P R O P O S A L F O R M F O R EXISTING BR4AD~AY'WWTP REQUIREMENTS PROJECT N4. 7414 DEPARTMENT OF ENGINEERING SERUI~ES CITY OF CORPUS CHRISTI, TEXAS REVISED aaaenaum No.1 Proposal corm Attachment N0.1 Page ~ of ~ Page 1 Of 6 P R O P O S A L Place: Date.: August 26, 2009 Proposa of Pesado Construction Company, Inc a Corporation organized and exi~~_..y under the Laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Chri ti, Texas Gentlemen: The undersigned hereby proposes to furnish all labox and material , tools, and necessary equipment, and to'perform the work required for; EXI-STING BR~ADW3~Y WWTP REQUIREMEI~TTS PROJECT N(O. 7414 at the locations s.et out by the plans and specifications and. .in strict accordance with the contract documents for the following .prices, to- wit. xEV=sEn Addendum 1Vo.1 P~oposat Form AttBGhment (VO. 1 Page 2 of s Page 2,of 6 BASE BID I II ( III. ' IV V ITEM QTY Descripta:on , Unit Pz•ice Total [~:oo~ 1.~zatian, comglet~ ~a place gear --,x ... 1 i L~ lum~s_um 3s~pp~.ee S~.S ~~ 00 ' RE1ift pup 1 ~eplaue-nert 2 ~ 1 in a::coraanee witi~ the j specrcat~_or:s, ::carr~p:ete a:,d ir, }:,?ace ~ ger each / OAD•°O S ~ 000.00 xeii~t Pump 4 Replacement ~ FA in accordance with the specifications, comglete an:3 :in place , per each ,y~ oap t __ ~ 7 0O. 00 Split"~:er Sox RehabilitaY_:i;an ~ 12~ S:r v~ conc.::ete rehab and 1 pre~- ~abri;catecl diver. s,i an gate a ~ 1 LS in accorelance ~*th the E sPeciFcai_icns, compete rand :i.n glac:e , pez lump sum -------------...------ - ~~'~~j_n/,~00 --~~``~~~ S O0D 00 ---- i P rir.3 r y C l a r f A r St :ll.nc~ i+Je].?. PCep].acemer.t 5 1 i:~° in accardance with the speci~icaticns, cornpl.Ptc and ir. place. per lump surc: ~ •• ~.._. e~ ~ 00 ,__...._ ~,' ~ Yr.max•y Clarifier 2 St311re7 Well R~placemdr_t IBS 7.It acCUTdance 41Y:h the 1 specifications, rcr~pl~te and ir. place per iamp sung ~s' ~ O• I Fierob-c digester finks 1 & 2 12"0 GV ~ of Sl.udga Removal in accarciance with 7 ~ I 12,.E ..Y ,_~.~ specifications, campletA ane n a F, :.ace per ci;,bic yard / ~LL- pp I ~~~°~L'~.O ~ ~ ~~..~~ Iallataa for Fm r lizatior/ _ Rercobi ~ ~.?±~-, t~ ;'rimary ~~l4ri f' pr 8 JS >1 or2 Lr, t ~ u-~Pr.t of a nta)c~ ~d~ I I event, cc~~*fi+~ete in place pez lutn~ .::~. $5, ~_~O.t?G i $~,,,~r~~.2'.? _ -~ --1 TOTAL BASE BID: (~3.i.el Items 7.-~) ~vzsFn _?2Go _Z rt i; $ ~ 7S. InJ~D ., O O Addendum No.1 Attachment No. 1 Page 3 of 6 The undersigned .hereby declares that he has visited the. site and has carefully examined the plans, specifications and cohtract documents relating to the work covered by his kid or bids, that h`e agrees to do the work, and that no representations made by the City are. in any sense a warranty but are. mere estimate for the guidance of t'he Cartractor. 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 th>s contract an:d a Payment Bond (as required) to insure payment. for all labor and materials. The bid bond attached to this pr.oposa;l, in the amount of 5% of the highest amolnt bid, is to became 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 wozk caused thereby. Minori y/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writa.ng, the names and a.ddres es 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 o.f Signed Sets of :Documents: The contract and all bonds will. be prepared in not less. than four counterpart.. (or;ginaT signed) se s.. Time of Completion:. The under igned 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 requremen s pertaining thereto., for the sum or sums: above set forth. i~ ce t f t f 1 owin de is acknowledged (addenda number) : Adden'd'um l~o .1 ~ate~ ~ugus~ ~~, ~~~ 9 Respectfully submitted: Name• William H. Hunter By : ~~O'< (SEAL - IF BIDDER IS (SIGNATURE) a Corporation) Address; 7054 Pipestone (P.O, Box..) (.Street:) Schertz, TX 78154 (City) .(.State) (Zip) Telephone.: 210-651-4452 NOTE: Do not detach bid from other papers. 'Fill in with ink and submit complete with attached papers. {Revised August 20tD0) xEV=sED Addendum No.1 Proposal Form Attachment No.1 gage ~ of b Page 4 of 6 P A Y M E N T B O N D ~~~~ ~ag~~~~ STATE OF TEXAS ~ I~TOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT Pesado Construction Company, Inc. of GUADALUPE County, Texas, hereinafter called "Principal", ands ~ , a corporation organized under the laws of the Sta of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of THREE HUNDRED SEVENTY-FIVE THOUSAND, SIX HUNDRED FIFTY AND NO/100($375,650.00) 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: T8E CONDITION. OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 22ND day SEPTEMBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: EXISTING BROADWAY WWTP REQUIREML~TTS PROJECT NO. 7414 (TOTAL BASE BID: $375,650.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of .Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copie ,~~ each one of which shall be deemed an original, this the p~~ day of ~Q-~MhP(` 20- PRINCIPAL By: ~~....r.. ,U11 d r~. " ( rint Name & Title) SURETY By: Attor~ev-in-f (Print Name Agency: Contact Person Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § STOW ALL BY THESE PRESENTS: THAT Pesado Construction Company, Inc. of GUADALUPE County, Texas, hereinafter called "Principal", and~"~~~~ip/~~ ~~~~,~a ~n<~ ~~~~p~ (~j~,~ a corporation organized under the laws o~~the~^~-Sttate o~f'~G ~ , 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 THREE HUNDRED SEVENTY-FIVE THOUSAND, SIX HUNDRED FIFTY AND NO/100($375,650.00) 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 22ND of SEPTEr~ER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: EXISTING BROADWAY WWTP REQUIREMENTS PROJECT NO. 7414 (TOTAL BASE BID: $375,650.00) 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 copiest~h each one of which shall be deemed an original, this the day of ~G)~f'_r71 PI^ 20~. PRINCIPAL BY : ..,.,,,, ( rint Name & Title) SURETY r(?(,~ 6)P~~,P/7r9P a n l~/~ SU ~~ By: Att rney-i act ~~f l~u~~',L~'n (Print Name) Agency: Coatact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 CITY Off` CORPUS CHRISTI • DEPARTMENT OIr ENGINEERING SERVICES P.O. $OX 8277 CORPUS CHRISTI, TEXAS 78469-9277 , RE: Certification of Pawer o€ Attorney for Performa~3ae alsd Pay~telzt Bonds Project Natt~e/No.• Existing Broadway WWTP Requirements- Project No. 7414 Surety Cotnpany:_ Independence Casualty and Surety Company Gentlemen: T, ~Ro~er_ L. Hambrick (mame of Officer of surety), hereby certify that the facsimile pourer of attorney submitted by _St P[rPT ('•_ Riiffkin (Attort~.oy-x13-Fact) ~or _. PccaAn ('.~natriirti nn ('nm~ an~~ TTIr ~ (Contractor), a copy of ~rhich is attached to this aextifiaate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its horns office, has not been amended or abridged, is still. in full force and effect, and said designated agent is currently in good standing ~,ri:th 'the surety. xn the event of cancel~.atzon of this power of attorney, the City of Corpus Christi shall be notified in v~riting by certified mail zYithin• seven {7)••days thereof at the following address: City of Corpus Christi Depaztment o£ Engineering Bexvices Attn: Contract Administrator P.O. Bax 9277 Corpus Christi, Texas 78x69-9277 Signed this 25 day of September ~ 20 09 . .• - 1 .~,,,,~,.,~ Name: Roger L. Hambrick •Title:_ Assistant Secretary/ Surety 6worn and subscribed to before: me on this :~~ ~ day of `~~-(~~~Py`~br` 20 ~t . / ~ ~C~ , _ `''~'`''`'`'`'''E' N t ry PllbliC GYP JOHNNA MARIE BRANDY ' ~' • MY COMMISSION EXPIRES Efate of Tcxc; 5 1 2/1 912 0 1 0 My Commission Expires : 1, t `9 iC ~I~p~ ~ 1 T (Revised 9/03) ~.TTjA.CHMENT 1 • 1 tlF i No. 0004655 ICW GROUP g~ ~~°,~ Power of Attorney ~ /•I ~ ~ ~~ [~ d / ~9 Insurance Company of the West L~°I _/ / Ezplorer Insnraace Company Independence Casualty and Snrety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint BILLY RAY JINKS, GREGORY LEJUNE, RICHARD WAGNER, STEVEN C. BUFFKIN, CATHRYN MCLEOD, MARY F. ORR their true and lawful Attomey(s}in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similaz contracts of suretyship, and any related documents. Tn witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. ~~orrurroo `~gURgryc , o-~'u-'p r fo~iao~r ~ ~ 'oG ~T'u,~ovoMr~ i a o ~` .. p ~' 4' x ~ INSURANCE COMPANY OF THE WEST _ O . ~ SEAL ., 3 ~ ~ y ~ EXPLORER INSURANCE COMPANY 1, ~' o'~, .^` a4 ~ a ~ INDEPENDENCE CASUALTY AND SURETY COMPANY R'41FpRMU '~ RORNIP. 1'a ~p_ lr~ J~~ Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego J. Douglas Browne, Senior Vice President On May 21, 2009, before me, JoAnn Pache, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to the within instnument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RESOLUTIONS Witness my hand and official seal. JoAnn Pache, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boazds of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s}in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and aze now in full force-ij' /1-f~° ..,jn ti ~¢~~ / IN WITNESS WHEREOF, I have set my hand this '. 1 day of ~ Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Prover of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent at Catto &Catto LLP, 217 East Houston St., Suite 100, San Antonio, Texas 78205-1801, Telephone: 210-222-2161 or Fax 210-222-1618. 3 You may.call Insurance Company of thee. West/Independence Casualty &:Surety Company's toll-free telephone number for: information or to make a complaint at: 4-800-877-1111 4 You may also-write to insurance:~Company of~the~ Wast/Independence Casualty~& Surety Company ; at: 11455 EI Camino Real ~~ San Diego, CA' 92130-2045 5 You may contact the Texas.Department of Insurance to obtain information~on companies, ~ .- coverages, rights or complaints at: 1-$00-252-3439 6 You maywrite the Texas Department of Insurance: P~° O. Boz 149104 Austin, TX 78714-9104 Fax: (542) 475-1771 V1feb:. htto:/Jwww:tdi.:state.~.us. . E-mail: ConsumerProte~ctionC~tdi:state:tx.us 7 PREIf~iIUM OR CLAEM DlSPUTES:~'~ Should. you have a dispute concerning your .. premium or~about a claim you should contact the agent, Catto &Catto LLP, first. ' If they dispute is not. resolved; you may contact~the Texas Department of Insurance. 8 ATTACK THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the~attached document. AVISO IMPORTANTE Para obtener informacion o pars someter una queja: Puede comunicarse con su agent al Catto &Catto LLP, 217 East Houston St., Suite 100, San Antonio, Texas 78205-1801, Telephone: 210-222-2161 or Fax 210-222-1618. Usted puede Ilamar al numero de•telefono gratis.de• Insurance Company of the West/Independence~ Casualty & Surety Company's pars informacion o Para someter una queja.al:~ 1-800-877-1111 Usted tambien puede escribir a lnsurance.• = .: ~::~: Company of the West/independence. Casualty ~ Surety Company af: 11455 EI Camino Real San Diego,. CA .921:30.:.. ~ ...:. Puede Comunicarse con el. Departamento ~de . . Seguros de Texas para obtener.inf~ormacion acerca~ de companias, coberturas, derechos o. quejas al: 1-800-252-3439 ;: ~ ~ ~ ._ . Puede escribir.al Departamento~de Seguros~de~ Texas: . P. O. Box 14910.4 Austin, TX 78714-9104 ~ . Fax: (512.) 475=7771 ~ •.. ` Web: htt~://www.tdistate.bc.us .. . . E-mail: ConsurnerProtection.(a~tdi:state.tx.us :.. DfSPUTAS SOBRE PRlMAS O. RECLAMOS:~ ~ ~ ~ ~. . Si tiene uria.disputa concemiente a su prima.o:.a un reclamo; debe: comunicarse~~con el agente, Catto &° Catto LLP; primero. Si.~no se .resuplve ~!a disputa, puede entonces comunicarse con el departamento. (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en~ pane o- condition del documento adjunto. I.C.W. GROUP ^INSURANCE COMPANY OF THE WEST ^EXPLORER INSURANCE COMPANY ®INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 2286479 Principal Pesado Construction Company, Inc. Amount $ 375,650.00 In Favor of City of Corpus Christi, Texas It is agreed that The phone number of the Resident Agent of the Surety in Nueces County, Texas, is corrected to: 361-866-8400 This Rider is effective September 25, 2009. Independence Casualty and Surety Company By: Stev C. Buffkin Attorney-In-Fact GN-ICW 179 (8/00) No. 0004655 ICW GROUP ~~ ^ ^ ~ ~ ~~ f] Power of Attorney OtjO)~ 7 Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint BILLY RAY JINKS, GREGORY LEJUNE, RICHARD WAGNER, STEVEN C. BUFFKIN, CATHRYN MCLEOD, MARY F. ORR their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similaz contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. 4~OpYPANY pFr ,,~` `dgtt ~ ~~~ ~~m ~OpOPOMTr~ ~4 ~,!~~ 4~~ ~r~.._ G '.. ~ ~ k O~ INSURANCE COMPANY OF THE WEST o ,, SEAL ., a ~ ~ ,~ y ~ EXPLORER INSURANCE COMPANY '~cxr,+°fl' °„ f*~,RC ' ~^'~,~b' °y~ a g INDEPENDENCE CASUALTY AND SURETY COMPANY tw cAC~eM °' ~-~... T °~pM ~ is t~ Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego J. Douglas Browne, Senior Vice President On May 21, 2009, before me, JoAnn Pache, Notary Public, personally appeazed J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. JoAnn Pache, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, aze hereby authorized to execute Powers of Attorney appointing the person(s) named asAttorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similaz contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein maybe affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boazds of Directors of the Companies, and aze now in full force. 7/7L) c ~(' IN WITNESS WHEREOF, I have set my hand this ~~ day of +S(~~'{~°~ ptr , ~V~ ~~~~ ~~ Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent at Catto & Catto LLP, 217 East Houston St., Suite 100, San Antonio, Texas 78205-1801, Telephone: 210-222-2161 or Fax 2.'10-222-1618. AV(SO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agent al Catto & Catto LLP, 217 East Houston St., Suite 100, San Antonio, Texas 78205-1801, Telephone: 210-222-2161 or Fax 210-222-1618. 3 You may.call Insurance Company of the ~~ Usted Puede llamas at numeeo de~telefono gratis.de~ West/Independence Casualty &:Surety Company's.. Insurance Company of th.e West/Independence- toll-free teleph'orie number for: information or to ~ ~ Casualty & Surety Company's para inforrriacion o • make a complaint at: para someter una queja.al:• 1_800-877-1111 ~ 1-800-877-1111 ~ • 4 You may also•write to Insurante.:Company of~the~ ~ Usted tambien Puede escribir.-a Insurance: ~ .:•::: West/Independence Casualty & Surety Company : • ~~ Company of the West/lndependence. Casualty & ~ ~~ `at: ~ ~ 'Surety Company al: 11455 EI Camino Real ~- San Diego, CA'92130-2045 11455 EI Camino Real San Diego,. CA .921:30.:.. ~ . , ~. 5 You may contact the Texas.Department of Insurance to obtain information~on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may •write the Texas Department of Insurance: Puede C.omunicarse con el. Departamento ~de ~ . . .. Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o. quejas al: 1-500-252-3439 ;: ~ • ~ ., . . Puede escribir al Departamento de Seguros~de• . Texas: P~~O. Box 149104= ~ ~ P. O. Box 14910.4 Austin, TX 78714-9104 ~ .. Austin, TX 78714-9104 ~ . Fax: (512) 475-1771 Fax: (512.) 475=1771 ~ ~.. ` Vlleb: htto://wwvu.tdi:state.tx.us.. Web: http://www.tdi.state.tx.us ... E-mail: ConsumerProtectionla~tdista#ea~.us ~ ~: E-mail ConsumerProtection.Oa.tdiatateax.us :.. .. ~~ • 7 PREMIUM OR CLAIM D~SPUTES:~~.. .: - . . ••~ Should. you have a dispute concerning your premium or~about a claim you should contact~the~ 'agent, Cafito & Catto LLP, first. ~ If they dispute is not. resolved; you may contact the Texas Department of Insurance. DISPUTAS SOE3RE PRIMAS O. RECLAMr~S:~ _ ~ .., Si tiene una.disputa concerniente a su prima.o,a un. reclamo; detae: comunicarse con el :agente, Catto &° . Catto LLP; primero. Si•~no se .resualve •la disputa, Puede entonces comunicarse: con el depar#amento. . (TDI). . 8 ATTACH THIS NOTICE TO YOURPOLICY: ~ ~ ~ UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached ~ convierte err paste o-condition del documento document. adjunto. - - P CHRISTI CITY OF COR US DISCLOSURE OF INTERESTS City of Corpus .Christi Ordinance 17112, as amended, requires ap persons or firms seeking to do business with the Gityto p[ovide'the following information. Every question must be answered. If the question is not applicable', answer with "NA". FIRM NAME Pesado Construction CompanSZ, Inc STREET: 7054 Pipestone -: .:CITY: Schertz ZIP.78154 FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association _ 5. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of-.each ~ernployee" of `the City of Corpus Christi having an "ownership interest" constituting 3°10 or more of the ownership in the-above named °firrri". Name. Job Title. and. City Department (if known) NA 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 inthe--above named "firm". Name NA 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 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 confract and has an "ownership interest" constituting 3% or more. of the ownership in the above-named "firm`'. Name Consultant NA 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: William H . Hunter Title: President (Type or.Print) Signature of Certifying Person: '~ ;~i~ Date: ~ ~~ ~~ xsvxsEV ` Addendum No.1 Proposal Form Attachment No. 1 Page 5 of s Page 5 of 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas.. b. "Employee". Any person, employed by -the City of Corpus Christi,. Texas, either on a full or part`#ime basis, but not as an independent contractor. c. "Firm". any entity operated for' economic gain, whether professional, indLStrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entitles operated in -the. form of sale proprietorship, as self-employed person, partnership, corporation, jointstock company, joint veiifure, receivetahip or trust and entities which, far purposes of taxation, are treated'as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy Citiy Manager, Assistant amity Managers, Department' and Division -Heads and Municipal ,Court .Judges of the City of Gorpus Christi, Texas. e. "Ownership Interest". Legal or equitatsle interest, w'het#rer actually or constructively held, in a firm, including when such interest is held through an agent, trust,. estate or hoid'rng entity. "Constructiarely .held" raters to holding or control established through voting trusts, pr.©xies :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 recammendatioh. xEVxsEn Addendum No.3 Proposal Form Attachment No. 1 PagE s °# E Page 6 of 8 Cert ID 7438 ACORD~, CERTIFICATE OF LIABILITY INSURANCE. °ATE(MMlD°"'""' 9/28/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IBTx Risk services SAT ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5726 Hausman Road, #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR n Ant TX 78249 i S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. a on o (210) 696-6688 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Valle Fore Insurance Com an 20508 Pesado Construction Company, Inc. INSURER B: Continental Casualt Com an 7054 Pi estone INSURER C: Westchester Sur lus Lines Ins. p Schertz TX 78154 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 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. INSR TR DD' POUCY NUMBER POLICY EFFECTIVE DA / /W POLICY EXPIRATION /D !YY LIMITS GENERALLIABIUTY EACH OCCURRENCE $ 1 000 000 A X COMMERCIAL GENERAL LIABILITY 4016148125 6/3/2009 6/3/2010 PREMISES Eaoccurence $ 100,000 CLAIMS MADE ^X OCCUR MED EXP (Any one person) $ 5, 000 PERSONALBADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ A X ANY AUTO 4016148142 6/3/2009 6/3/2010 (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY 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/UMBRELLA LIABILITY EACH OCCURRENCE $ 10, 000, 000 B X OCCUR ~CLAIMSMADE 4016148139 6/3/2009 6/3/2010 AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ X RETENTION $ 1 ,ooo $ A WORKERS COMPENSATION AND 4016148156 6/3/2009 6/3/2010 X WCSTATU- DTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1, 000, 000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYE $ 1, 000, 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1, 000, 000 C OTHER Contractor Pollution 624056387-001 1/20/2009 6/3/2010 Each Occurrence $2,000,000 General Aggregate $2,000,000 Transportation Pollution Included DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Existing Broadway WWTP Requirements Project # 7414 / The City of Corpus Christi is named as additional insured on all general liability (Primary ai, / ',// Noa-Contributory) (GL) and all automobile liability (AL) policies as required by written contract. Waiver of Subrogation on General Liability, Automobile and Workers Compensation is provided as required by written contract. XCU Coverage is included, IImbrella is follow form. The issuing company SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE"CANCELLED BEFORE TFj~ EXPIRATION / DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Corpus Christi '// Department of Engineering Services NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Contract Administrator IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P O BOx 9277 REPRESENTATIVES. Corpus Christi TX 78469-9277 AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 Page 1 of 1 9/26/2009 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Page 2 of 1 DESCRIPTION OF OPERATIONS SECTION CONTINUED I °"~ 9/28/2009 City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P O Box 9277 corpus Christi TX 78469-9277 Pesado Construction Company, Inc. 7054 Pipestone Schertz TX 78154 will mail 30 days written notice to the Certificate Holder in event of cancellation, material change, or a significant dilution of aggregate limits - 10 Days for Nonpayment. Y DOC (10/2003) 'V ~~~ Pesado Construction Co C 4016148125 0-140831 A {Ed. 01101) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIE$ THAT APPLY TO THE ADDITIONAL INSURED IN. THE EVENT OF OCCURpENCE, OFFENSE, CLAIM OR SUIT.. SEE PARAGRAPH C.i. OF TfMB ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANQES THE POLICY. PLEASE READ IT CAREFULLY. CONTAACTOR'8 SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE T endorsement modules Insurance provided underthe foilowing: COINMERCIAL QI~NERAL LIABILITY GOVERAQt; PART 8CHEDUi.E Namo of Perron or Ornanhiatlom Designated Project: (Coverage under thts endoraerrwnt Is not afleoted by an entry or taok of entry to the ttohedato above.) A. WHO NS AN IMSURED (8sollon il) Is amended to S. The coveraaggee provided to fie addNiona) heated include as an Insured any person or organizallon, by this endorsement and paragraph t. of the Including any pereon or organtzaNar shown In the ds1lnlNon of 'Yneruad ooninwt" under schedule above, (caibd additbnal insured) whom you DEFINITIONS {Seotlon V) do not apply to "bodily are required to add as an addlNonal insured on this Ir>)ury" or "property damage" arishrg out of the policy under a written oontrant or wrltbrr agreement "products-aomp~ted operations bazani" unless but the wrriten contract or wrNten agraemwrt must be: required by the wrNten contract or written 1. Currently U effect of beoomirrg effective during the agreement. farm of file policy; and 4. The insurance provkbd to the addlHonal Irrecrred 3. ~cecarted prior to the 'bodily tnfury" "property i d d " d " tt " i ~~ not apply to "bodily Injury" 'property damage, or 'personal and advert~ehrg Injury" peroona an a •. amage, or ver ss ng njury arising out of an arddtect'a, englneer"e, or B. The insurance provided io the additional !neared is surveyor's rendeting of or failure fi render any Ilmtlad as follows: profeeelonal ewvloas Inducting: 1. That parson or organlzsNon !s an addltaonaf o. The preparing, approvkrg, or fatting to preparo Insured solely for NabllMty due to your negl~enoe or approve maps, mop drawlr~s, opirrtons; ~~ speolNcally resulting from your work' for the reports, sunreya, flsid orders, change orders addlaonat Inaunsd whl~ b the subject of the or drawings and apedfloaNotre; and wrKten cantnmt or writbn agreement. No coverage applies to IIabIINy resulting from the sole b. 8u Pe~ry~ or inepeollon aogviges performed ne~gence of the addNlonal Insured. as part of attryry related architeoturat or enPnasNng aatlvltias. g. The Limits of Insurance applbsble to the addNlonal Insured are those spedlNd In the C As respects the coverage provided under this written awrtraot or wrNten agreement or In fie endorsement, 8~Ti0N W - OOMbItRCIAL QENERAL LtA8NL11Y CQNDITiGNB are amended as Dedaratlons of fhb poNcay, whichever b less, ioNaws: These LImNe of Insurance are Inchralve of, and not In addlNan to, the tlmNs of Insuranos shown in the 7. The iotiowtng b added 1o the Duties In Ttrs Event Dedaratfons. of Occurrence, Offense, Cialm or t3ult Condltlon: Q-1+10351 A {Ed. 01/1)i) Page 1 of 2 C 4016148125 v. An additional Insured under this endorsement wIH as soon as praotloable: (1) Olve written notice of an occurrence or an otferrea tp ue which may result In a claim or ~suk' under this Insurance; (2) Tender the deferwe said ~demnRy of anyy dalm or "~iY' to any ocher Insurer whldf ego has Insurance for a loss we cover under ibis Coverage Part; and te) Agres to maim avaNable any other instance which the addltbnel insured has for a loss we Dover under this Coverage Part. f. We have no duty to defend or IndemnNy an addltlonal Insured under this endorsement 0-140331 A (id. 01101) Q-1~381~A (~d. Otia1) unill we receive wrNten notice of a olalm or °suit" from the additional Insured. 2. Para~aph l.b. of the Other insurance Condltlon Is dela~d and replaced wHh the totlowing: 4. other Ir~suranov b. Ifitosee Int~q~oe This insurance la ertcese over ~ other insurance rmming tho addlilons~d as an Inwred whether primary soroess, conpngent a on any other heels anises a written oontnot or written agreement silk fMa~ly requbes chat this insurance be e~ er primary or primary and noncontdbuting. Page 2 of 2 Pesado Construction Co. POLICY NUMBER: C 4016148125 ~ CQ 24 04 !093 THIS ENDORSEMENT CHANQES THE POLICY. PLEASE READ R CAREFULLY. 1NAIVER OF TRANSFER OF Rit~FITS OF RECOVERY AGAINST OTHERS TO US This/endorsement modilfss Insurance provided under the followng: ~/ COMMERCIAL OI:NERAL LIABILITY COVERAt~E PART t1<CHEt)tJLE Name of Person or Or~an~itlon: HLAHKBT SBL MANUSCIPT ENDORSEMENT (if no entry appppears above, Information required to complete this endorsement will be shown in the peolaratlons ea applicable to this endorsement.) The TRANSFER OF RIOH'f'8 OF RECOVERY AGAINST OTHERS TO US Condition {SeoUon IV-COMMEAGIAL flENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: We waive arty right of recovery we may have against the person or organlzatian shown in the Schedule above because o! payments we make for InJury ~ damage arising out of your ongoing operations or 'your work" done under a contraot with chat person or organizagon and Included In the "products-completed operations hatard.° This waterer appiles on~ to the psnson ar organizadon shown In the S eduls a ove. C{1 24 04 10 93 Copyright, Insurance Services Otifce, Ina.1992 POLIGY NUMBER: Pesado Construction Company ~ C 4016148142 `/ COMMERCUII.AU1'O t3A ZO X19 Ol 99 THIS ENDORSEMENT CHANGiE8 THE POLICY. PLEASE REAL? IT CAREFULLY. DES~GIVATED INSURED This endoreement modlNes Insurance provided under the following: f BUSINEBB AUTO CQVERAQE FORM OARA~E COVERA©E FORM MOTOR OARRIER COVERAQE FORM 'FRUCKERB CdVERAQE FORM Wlih respeN to coverage provided by this endorsement, the provisbns of the Coverage Form app~- urdese modified by the endorsement, This endorsement Identities person(s) of organization(s) who are "insureds' under the Who Is An Insured Provision of the Coverage Form. This endorsement does not slier coverage provided In the Coverage Form, Thy endorsement changes the policy effecthre on the Inceptlarr dab of the poHoy unless another date is Indloated below. €ndorsernent Effective: Counbrslgned By; Named fissured; u oriz a ve SCHEDULE Name of Person(s) or CrgsnlrerHore(a): ANY pStt80N' Oft OR(iAt!TISATION WHxCH IS k~ REQUIRL~D TO a$ NAMZ30 AS A ARSULT OF A WRITTEN CONTRACT WITH YOU I (If no arNry appears above, Information required to complete this endorsement will be shown M the Declarations as appllcel~e to the endorsement.} _ Eaoh person or organization Shown In the Schedule J$ an'9nsured" for tlabl r Coverage. but only to the extent that person or organization qualifies as an '9nsured" under the VI~o to An Insured Pr n contained in Sscibn tl of the Coverage Form. r a ~= .. t~ OA St0 Ail 4Z gfi Copyright, Insurance Servlaes Office, Inc., 1699 Page i of 1 Pesado Construction Co pOLIGY NUMBER: CCMMERCIAI. QENERAL LfA81LIT1t C 4416148125 CQ 02 Oti 1204 THIS ENDORSEMENT CHANOE~$ THE POLICY. PLEA8E READ IT CAREFULLY. TEXAS CHANGES _ AAAENDMENT O~ CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies Insurance provided ur-der the following: COMMERCIAI. QENERAL LIABILITY OOVERAQt PART LI~tJOR LtA81LITY GOVERAQE•PART ' O1NNEfl13 AND CONTRACTORS PROTECTIVE LIABILITY COVERAQE PART POLLUTION LIABILITY COVERAQE PART' PRODUCT WITHDRAWAL COVERAt~tE PART PRQDUCTS/COMPI.ETEDOPERATIOtiS LIABILITY COVERAQE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the avant of csnoeliatlon or material ohan~e that teduoes or restricts the Insurance atMrded by ibis Coverage Part, we agree to mall prior wrllten nottoe of oancelMtlon ar material change io: SCHEDULE 4, Ofame: BEE I~ANUSCRIP'P ENDORSF4IENT Z. Addroasz o! vents :30 o s to r u red too e o is a It ah 11 b I t __ r= ~~ 0 E CQ 02 061204 Copyright,130 Properties, Ino„ 2~3 PaEs 1 of i Poy=cY ~ooesa~ / =~svaan ate uan aarntsss C 40].6148142 / PESADO CONSTRUCTION COMPANY, TNC 7054 PIPESTONE SCHERTZ TB 78154-3209 POIaxCY C~O~B EmDOR88MENT LFBECTTVE OS/03/a004 This Chaag• Eadorssmoz-t ahaagas tho Policy. Piaaao road it aarotully. This Chaago Eadorsoss+at is a part o! your Boliay and takes afloat oa th4 4tloativs date o! your Policy, ual4ss eaother elloativa dato is show. / CA0244-0604 Texas Cancellation Provision or Coverage Change Endorsement "30 DAY NOTICE OF CANCELLATION APPLIES TO ALL ENTITIES ON LIST MAINTAINED ON FILE BY COMPANY". aaar~ .~. sew .,.~. ~e i i r~ ~~ ~ ~I1 Cha&mra of the Board Secretary G-56015-B {ED. 11/91) POLICY NUMBER: =X0161=fS 1 ~F2 v COMMERCIAL AUTO CA OZ 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEAAENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: ~~ ~ ;~~ Countersigned By: Named Ins~~s~ido Coi~~tniction Company-, Inc. Authorized Re resentative SCHEDULE Numb!sr of Days' Notlce3 0 Name fJf Peron Or OrgenlzatiOn30 DAY NOTICE OF CANCELLATION {SEE ENDT ) I_T'r[~~3 If this policy is canceled or materially changed to reduce or restrict coverage, we wlll mall notice of cancellation or change to the person or organization named in the Schedule. We will give the number of days' notice indicated in the ~ Schedule. a ..i ~~~ i CA 02 410604 Copyright, ISO Properties, Inc., 2003 Page 7 of 1 Pe~ado Coi~shl~rtiou Co ~~, WORKERS COMPENSATION AND EMPI,OYEFt81,lA8p.ITY INSURANCI; POLICY WC 42 QB 0! 4U 161431 ~C v ' (Ed. 7 84j TEXAB NOTICE OP MATERIAL CHANGIE ENOORBLMENT This endoreament spp(lea only to the Insurance provided by the poUoy because Texas fs shown in item 3.A. of the Intotmat(on Page, In the event of canoeuatlon at other tnaterMl Mange of the potlcyt~ we wAi maN advance not(oe to the person ar arganlzailon named In the Schedule. The number of days advance notloe le Mown In the 8oheduie. This endorsement eha(( not operate d(reot(y or Indirectly ~ benefN anyone not named (n the Schedule. Schedule 1. Number of days advance notice: 30 / 2. Nonce will be mailed to; 30 AAY NOTICN OF CANCt3LLATION APPLIS9 TO ALL ~1TITIEB ON LINT DtAINTAIN~D ON FILB 8Y CODLPANY TMs ondorswnsnt otumpss tho potlay to whbh tt is Nlaohsd end ~ sflsoNra an the dNo houwd ur~ss pftNrxiha stated. iThs Intorrnsltan botovr h r~rsd ony whar ihls st~dotasnant N twisd subssgwnt to PrM~+ifar of ft~s pogoy.~ tc-dorssnrnlt 2NsolWi PoUoy No. E~donsmYM tab. Insurod Pesldo ~: (111St11iCt1o11 Co ~~ 1 C 1431 ~C Pnmtum 3 Nreurarros Ocmpiut}r Oou ~"alley- Forge It1s. Lo. ~ "t.nlpnad ~ --. WC 420601 (Ed. 7-84)