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HomeMy WebLinkAboutC2009-538 - 12/8/2009 - Approved2009-538 hi2009-339 12108/09 lt. 5.131ack Civil Conh•actors S P E C I A L P R O V I S I, S P E C I F I C A T I O N S .AND F O R M S O F C O N T R A C T S AND B O N D S F 0 R OSO Ti~T.W.T.P. AEROBIC DIGESTER N0.2 IMPROVEMENTS ~~~ engineers. ~ architects ~ contractors .801 Navigation, Suite 300 Corpus .Christi, Texas Phone: 361-883-1984 Fax: 361-883-1986 FOR ~~ WASTEWATER DEPARTMENT ~':. ?%~ Clty Of CITY -0F CORPUS CHRISTI, TEXAS COm uS Phone: 361/826-18Q0 `1' Fax: 361/826-17I5 ~,~~,,.,a„. -- Chnsti wAS~wA~R \/~~/~ uerearwekr AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI , TEXAS n~ r t ,n Phone: 361/826-3500 ~~ ••S""•r ~~1 /IUIZ'~ Fax: 36T/826-3501 ~ ~,*~ PROJECT NO: 7422 QII~'1~'tP'~E~lFlEC1~A ' 6i4DQ ~ '~;• 7 ~ ~. DRAWING N0: STL 1 8 _ `~ ~ '. A (Revised 7/5/00) OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS PROJECT NO. 7422 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B ERevised 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 A }3 Area Aeees~sr-and '£~a~}~~(NOT USED) A-14 Construction Equipment Spillage and Tracking n }5 ~.~.~,Ti~--~~Rem~;-als (NOT USED) A-16 Disposal/Salvage of Materials A-17 Field Office A-18• Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds t~--2~-sue 1.~-^' ^ 3r ExPm~•k e~ NO LONGER APPLICABLE ( 6 / 11 / 9 8 ) A-26 Supplemental Insurance Requirements A•-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29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 A 33 8i~r--W-ate~F-a~~i~iess',n= --.., n~ - -- - - «.nts (NOT USED) 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) ~1 49 ~te~r~tent ~e~eet=en $-8-~ • Pa~tTarEs~~taze-e (NOT USED) (NOT USED) A-42 OSHA Rules & Regulations A-93 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) Table of Contents Page 1 of 2 A-zS DicY;,:,ul ..~ °...i.'. ''~.',. }..._, '.,..~.,.~ (NOT USED) (7/5/00} (NOT USED) A-48 Overhead Electrical Wires (7•/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A-51 Maintenance and Control of Wastewater Flows A-52 Confined Space Entry Requirements A-53 Errors and Omissions A-54 Noise Control A-55 Dust Control A-56 Disposal of Materials Resulting from Cleaning of Existing Structures A-57 Protection of Existing Facilities A-58 Electronic Submittal of Bids ATTACHMENTS I - Project Sign II - City Landfill Waste Profile Sheet III- Electronic Bid PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PA~T~~T~~A°~i-~-I~LC-A-~I.6N~S (NOT USED) PART T - TECHNICAL .SPECIFICATIONS Section T-1 Mobilization Section T-2 Concresive 1210, 1230, & 1250 - Urethane Injection Resins Section T-3 Grouts Section T-4 Medium Bubble Aeration System Aerobic Digester No. 2 Section T-5 Equipment Documentation Requirements PART W - DRAWINGS LIST OF DRAWINGS Sheet 1 Cover Sheet Sheet 2 General Notes and Legends Sheet 3 Site Plan Sheet 4 Aerobic Digester No. 2 Existing Conditions Sheet 5 Aerobic Digester No. 2 Existing Piping Sheet 6 Aerobic Digester No. 2 Proposed Aeration Equipment NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents Page 2 of 2 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: OSO W.W.T.P. AEROBIC DIGESTER NO. 2 I1~ROVffi~lENTS, PROJECT NO. 7422; consists of removing and replacing the aeration system for Aerobic Digester No. 2 (including equipment, instrumentation and controls, bridge-supported walkways), and concrete crack repair for the Aerobic Digester No. 2 walls and floor, including all appurtenances in accordance with the plans, specifications, and contract documents. Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, November 11, 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, November 04, 2009 and will be conducted by the City. The location of the meeting will be the Oso Water Reclamation Plant meeting room located at 501 Nile Drive, Corpus Christi, Texas. Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non-responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for .delivery to the City Secretary's Office. Delivery of .any proposal, by the proposer, their agent/representative, U.S. Mail or other delivery service, to any City address or office other than the City Secretary's .Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. 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 - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 200.9 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 9. 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 environmental impact for the disposal of X NOT REQUIRED 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 Page 1 of 2 L~The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. G~The name of the project must be listed under "description of operations" on .. each certificate of insurance. OFor each insurance coverage, the Contractor shall obtain an endorsement 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 Wage 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 cleazly 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 regazdless 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 aze 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 carver 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 I for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they aze contained or to impose stricter standazds of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one yeaz 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 providingservices on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Cn~aphic (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)-(I~ of this paragraph, with the certificate of coverage to be provided to the person for whom they aze 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 ali 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 pazagraph (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 yeaz thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any. change that materially affects the provision of coverage of any person providing services on the project; and (I-~ contractually require each person with whom it contracts, to perform as required by this subpazagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they aze providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declazed 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 I, 1994, 19 TexReg 5715; amended to be effective November 6, I995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers` compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page8of11 T28S 110.110(c)(7) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- A copy 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 o, f the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in X406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a 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 certiftcate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall 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. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current cert f Cate 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 cent f cafe of coverage ends during the duration of the project; (S) retain all required cert f cafes 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 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each. person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A - SPECIAL PROVISIONS OSO W.W.T.P. AEROBIC DIGSSTSR NO. 2 IMPROVEMENTS PROJECT NO. 7422 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, November 11, 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 - OSO W.W.T.P. AEROBIC DIGSSTSR N0. 2 IMPROVSMSNTS; PROJECT NO. 7422 Aav vrovosals not phvsically is possession of the City Secretary's Office at the time and date of bid opeaing 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/repzeseatative, II.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non-responsive if not is possession of-the City Secretary's Office prior to the date and time of bid opeaing. A pre-bid meeting is scheduled for 10:00 A.M., Tuesday, November 04, 2009 and will be conducted by the City. The location of the meeting will be the Oso Water Reclamation Plant Maia Office, 501 Nile Dr., Corpus Christi, Texas. If requested, a site visit will follow. No additional or separate visitations will be conducted by the Cit A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project OSO W.W.T.P. AEROBIC DIGSSTSR NO. 2 IMPROVSMSNTS, PROJECT NO. 7422; consists of removing and replacing the. aeration system for Aerobic Digester No. 2 (including equipment, instrumentation and controls, bridge-supported walkways), and concrete crack repair for the Aerobic Digester No. 2 walls and floor, including all appurtenances in accordance with the plans, specifications, and contract documents. A-4 Method of Award The bids will be evaluated based on the Total Base Bid, subject to the availability of funding. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Section A - SP (Revised 12/15/04) Page 1 of 26 A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Bond (Must reference OSO W.W.T.P. AEROBIC. DIGESTER NO. 2 IMPROVEMENTS; PROJECT NO. 7422, as identified in .the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 280 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or .after such time period as extended pursuant to other provisions of this, Contract, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will .sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. Days Allocation for Rain: 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 is 0.50 inch or greater at the site. 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 A 7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation .insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers'' compensation insurance coverage must not perform any work on the Project. Section A - SP (Revised 12/15/04) Page 2 of 26 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 Eared 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 Acknowledument 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. 3~eas~a€ ee~rflie~ Ee~r-a e-te ~s~ai~-ttse l~i~~~er wage ~~~e- Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minurnun hourly wage rates for Nueces County, Texas as set out in Fart C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, worlanan, or mechanic employed, if such person is paid less than the specified rates for the. classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These doc~unents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1'~) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) Section A - SP (Revised 12/15/04) Page 3 of 26 A-il Coapesation with Pulalic Ac~cies RRevised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using DIG TESS 1-800-344-8377, the Lone Star Notification Co~any at 1-800-669- 8344, and the Verizon Dig Alert at 1-800-483-627.9. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer LNV Engineering Dan S. Leyendecker, P.E. 883-1984 Traffic Engineering 826-3540 Police Department 886-2600 Water Department 826-1881 (826-3140 after hours) Wastewater Department 826-1800 (826-3140 after hours) Gas Department 885-6900 (885-6900 after hours) Stone Water Department 826-1875 (826-3140 after hours) Parks & Recreation Depa2-trnent 826-3461 Streets & Solid Waste Services 826-1940 (826-1970 after hours} A E P 299-4833 (693-9444 after hours} AT&T 881-2511 (1-800-824-4424, after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 826-3547 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) CAPROCK (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. 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. Section A - SP (Revised 12/15/04) Page 4 of 26 It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control (NOT USED) ,1-r-e-pr-s~rde-a--nri~}e€ i~ree~eei-enee-~e -~te~e~sts-aid-~~ie--p~lie. ire-Ear~~-aet~~ gill be--r~e~-t-e s~eh-edtrl~e his e~e~-a~e~rs--ee as to ear~se ~i~ i~ttt~tt-a die ~ se-i-~e e~ -ems--~ he---aeee s s~~~l i t~+-e € the-~l ant e~e~ a~ i e ~s-ana • ; tai~ths, ee~rs~~~reti-e~--e-~tempe~a~~--r-ax~ga, ewe- $a~~fe~a~ing-S-ta~a-rds and-~r-ae~reeg--a~-edapted-b-~-~~i~~'i} F_.-A~'_~~f tom, d~~te~rtZ~rr~-a~~lz~-le-theme-t-ire--Ei-~-s I'~-a€€re-£~gi-nee~ietf-9epa~t-~te~~-pie Fe~rt~-a et e~ s-~i-a~~~-~~e etrre the-n e e e s s a~-~-~e~~trt €~em t h e~:.~~!-j~~ X31 ee s~ e-€e~~r-a-~i-e-eel-r-e~s~-al Abe--gei~--f e~-b-y-~ he a~~- op r } a t e bid } t em i~-t A-14 Construction Equipment 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 Excavation and Removals (NOT USED) ~l1ed-~rrtk "ele~dir-~. "~1ea~~t-is--de€r~redd--as-~rr~ t~,a-t __ r..~.,,. --r---- €ert}li-e~~. I'he-fit ~taet be €~e-e e€ debris, ea3~e~re, alb, ee~~e~e-aid A}1 e~~s~~ng ee~re~ete-a~-a~s~alt 6aithi~ the li~ite of tie-~re~eet Ctrs-t•-be reme~ed-~r~3.e-ems ~~~}se aeted. All aeees~s-a~~--~e~tevals~~eltrd~ ~t~-~e~ ~i~~ed to-~~ .. ~'v' _ _.. , =r- -i= :s~deia=a~~~s, e-te. , awe to be-eenside~ed s~bsi~ia~-te-the-h-i-~i~em-€e~ "S~ree~t ~~e~a-t-men", theme€~r~, ~e di~eet~a~tea~ dam--be-Made }~ ^~~'-~~~'-~~ 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. Section A - SP (Revised 12/15/04) Page 5 of 26 Sludge Removal S 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 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 Cefe Valenzuela Sanitary Landfill, the Contractor will be required to complete the attached GENERATOR'S WASTE PROFILE SHEET (See Attachment No. II). The material must be sufficiently dewatered to pass the required paint filter test. Disposal of the material at the Cefe Valenzuela Landfill is subject to prior approval of the facility and payment of associated disposal fees. A-17 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two. (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24-hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on enr.F~.mAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must, indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week.. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 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. Section A - SP (Revised 12/15/04) Page 6 of 26 Days Allocation for Rain 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 is 0.50 inch or greater at the site. 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 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 (d ) 3~-~~--p-r-e~-e e~1TZede r-a~-€e r~s ee~t}31ez~-a-x~ e~~a (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 Section A - SP (Revised 12/15/04) Page 7 of 26 (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 Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to 'the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. . Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. Tire Ee~t~ee~e~-s~rall~~evide the F , , ,. -ert~sea~ie~-i-e~ a,. ...~..~; .. -- ~' --~~ref39-s 'a ti, i ~ ti., a ,a ,.a `~_______ TtQiIGC eeS Cr r2 GIIGSOrT .TIZ4x z.JV N Y L'•' •-T'~-~Te-t~t~ne a~-pe~~e€ t-a~-eaey;~ge~~ ..F _F,.v,.~.,... . ' • Street--e~eia~s e~ a ~9A-=a~er~ra~~aed-a~alTr~t-e~eee~iens ~ T ~ l / ~- .. l , 1- ~ -.. i. .. L... 1 I Section A - SP (Revised 12/15/04) Page 8 of 26 • 5~a~s~~~s-~i~; • Cas~g ewe-v-atiar~s~ep-e€-~-=p= ~~'' ~le~a--1}~r • A31 ~i~r~~e~~-els~ie~s-morel-es;- A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs The Contractor must furnish and install 1 Project signs as indicated on Attachment I. The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participation 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. 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 Section A - SP (Revised 12/15/04) Page 9 of 26 Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.Oo 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°s of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0s 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, 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.Oa of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Section A - SP (Revised 12/15/Oq) Page 10 of 26 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 $ 15 $ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and .female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00} The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection. a-f~e~ tie-b-trilt~s . Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the Section A - SP (Revised 12/15/04) Page 11 of 26 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 (l0a) 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 5100,000 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 $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT USED) zhe Ee~3traete~ el~ezT-te ege~ate e~de~ a-~~F^,,.^~^a ""~"'"F~t ~^ ~r fint~[~ ~"l See~e~-g--~~~ e€ E~rap-te~~, a~~~}~~'-a~iarr-e€ Tii=1e g4, ~t~b3~e-~~~a~ee-a€ p rem~tlg~a ~e~-by~t-be-Eemp~r~el 1 e~ ez P~t~l r~eee t~~rt s e f T e~ a s. ~ fz~'t a Ee~-~e~e~e lees ~ e ep•e r-a~ e--t~~de~ a ~epa-~a~ed-- eee~ ~a•e~ , m,-~_ 1 Cbtai~-the ~eees-ear - ^+.,.a -~,. the-~-~~. -----=r=------ --- - g. ~r~e~t~e-r~esal~e ee~if}ewes-fie ii cLr~cvrs~i~'ae~e~' ~6e9 rr6~ cse@z-c6 e~Je~3~e-tk33~e~-a , i r i r i S~SucS-~L~'~S~a ~e e e ~~3 €i$a~-e ~ 6 ~3 ~ 9 _ ""' ~ : ^'~ -rr---- A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: Section A - SP (Revised 12/15/04) Page 12 of 26 In the event of cancellation restricts the insurance afforded covenants to mail prior writte change to: 1. 2. 3. or material change that reduces or by this coverage part, each insurer n notice of cancellation or material Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, far or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury,. death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide n--~ '- ~=-'- ----Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. ate'--o-~,~-'- ---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. Section A - SP (Revised 12/15/04) Page 13 of 26 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. 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 prerem~;site to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also ~~ necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. Section A - SP (Revised 12/15/04) Page 14 of 26 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; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to•the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9-. 8eee~te~~isr~s ~•~q~}~~ed~y-S~ee~al-P~~=e~i-sre3=r-A-T-Tr; i-f r,-rte,? ==~'-c Section A - SP (Revised 12/15/04) Page 15 of 26 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 on Extra 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 acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" R~*~ *~a*+ts 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 in 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 J 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.. ~s ~S--Oily-i~Zater-~'~ae~lities: ~_____ _, a_.....; _.._.._~.. (NOT USED) r-. z bier ~s-gem€e~~}erg rde~~E a~ aa~+--Ei-€~-wate~fa-eii~t-~;-~~ C-s~€~aeter, iris ~.~n~~t~e~s, a~~ eaeh-e€ their ~..~. ~ e~-~ heir-per s~ a v a 1 i~ e a ~d eer-t~€~i~g-t-13e~-pr-re r _ ~. } ,... a .: _ ,. ,. Section A - SP (Revised 12/15/04) Page 16 of 26 _~ _ _.-_~~-. _~~~....._~~-~~- -____1 __-______--___ _-_ - -__- J- _- _ - _ __ __ _ _ _ _ __ ~ j ~~~rfucc~ ~e~a~'~`-~~ne~i~ Pe rsei=ai~-~ V ~ s-i~6i~~~Ee~F3~~3-e~6 ~ ~' ~ F = `_ • , 1 E~e~~}ee--~~ag-r-a~a-w-i~~-~ e-a€~'e~=er~~re ~ } e e ~-L' }~v~, ~ =- e~~ dd~e ~es•i~e ~e-~e~€e~~t-a~-t~e~~~bd~~~~~ a~~*-E}~6da-der `~==, : `..~ __1 . ~_--~€~a~a~ ir3€e€~a~-tee€e~ ~e ~~~ae~e~€ ~~. ~3~ae Eera~~ae €e~ s~aa~~ rae~s~€a ~~; e}~e~ e, e r:-T~ , , v-a~ve, eq~~ g~ae~~s~~ ~€e~, ~ ~ea# e~, ee~~ e~,-e~-a ~--et-~e~ - ~ ~ - ~ - r~~~a ~~se~ ~a~~~e~a e ~ ~ € - ~e r-a ~t-13e-E~~~k~r ~-a e ~e ems e ~- re~ a e e~ s~e e s ~ ~ r ~ ~ - ~ - ~ z~ r ~ s a e rrs e ~. ~ , ~~r3Fi5~@~~~f63-~-E'2ti35-~~ a~~3~Y8T3~ ?F3C~-~i33~e E~@i~-6~-13t'k3~3S, 6i- a~i~ a~~3e~~~~fFtS, bd~if2~e6~~ -€ fi ~ ~ f~-e6~fte-~~3~6 e633~aE`~ £~ ~} ms S~ ~ -~6~3~~e 6d8~e ~ ~~ i~ ~ !-P ~~ n d~ r rdsc = ee~ e~- e er ee~ .,~ s - F ~r : ~ ~ a e ae - A~I~~~a~~~-~~ ~ ~ a~ s s r~ e~ C~ ~ ~ ~ ~ 4 t ;-~ t ~ oiT ~ a- ~ - 77~~ ~ ~~~,,,, ,, a a~ as eee e ~ - 2 / / / / *~are,a~ eels, eea €~rags, e~ 33~r~a~t~~ e e~~~era~ . ~~aese -tee ~ ~ ~~ } € ~ t ~€ ~ - ~~ ~ ~ ~t ~ra ess st~e a e~s aw ~ ~~ ~ ~ e ras~ee e era ae ~- } e s ~ re~ e~e a - ~ ger: aerarae e e a ~ e~ ~s~ ~ ~ . ~ ---a-t--a~~~~ -l ~ ~~ 3 s- -~ - d- r -l -- d- ~~ ~ ~ a ~ee~ we area e ea r ~es ari ~e~e~ e e s tai-~-~- ~as ~'. ~ea~~ae~e~'s-pe-~se~e~ ~rs~ we~a-r ee~e~e~ r~~r~~e~~ e~re~3~T~~er- . , Section A - SP (Revised 12/15/04} Page 17 of 26 o. isi GQISCL'aeC~~-FFe'1"1te~~S a~s~ ~e--ga-~3~e~ a-~-des}g~~a~e~-s~~e; - T„ r^~.. ^~^ ,.~,.^, ~...^~ t ;t~,ff ~ d ~ ~ d ~ Ei ~ erg _ , i = es• ~~ra e S~-- -- -~~-6 a•~e~ r - ~-ekes -~ ~ -~r ~ r ~ e - r ~g ~r ee~pa~~ se~e ~ttrs~ e l --t-~ '' '^~~` a ^+~- ^'-} ~ l ease r? __ = ---- ~ - ee~r-ae-~e~-e~ e~eesr-~ttts~-~e - ~--- - ~~? n^ 'l K'tTi1P711"' T1PY4E,^1$^t •] ~••,-• •••••7'(TPT (?ST __ - e~-a'J ,~. ~rk3-~-ia61~~~~e L... ... ... F.. ...i ~32-e91-~e ...,. L.. ... . ~~-~r3s-e~ ., F. .. .~ --~F!@~~3.~@ ~.. ..M,.. i~~3~ $~ .., .....7 ~- e6~~i~6 ,.. •~ ..~ ~ ~ i ~ } ~rc e~er~ ~s - i i y s - ~~ree~ ~ " p ~ s Q c ~i- ~-~ ~ ~ Q ~~~ ~ c 6 ~~ ~t va~t izC, ~a c c--- ~ iz ,s- - T l ~ } i3e - ~ it e A, 3fiO £ a ~~~ }S~ ir : 8irrs -a~e s , s e ee e ems , , l r ~ ~ ~ ~ ~ €-~ }~i ~ i ~' t r~e~-a~ e~-a -r - - e~- a~e -a~ , e~ s~e daa ~ a e$e a e e ~ ,~ ~ ~ - ~ 1 d ~ ~ b € ~ ~l ~l i ~ t - -~e a-Or -ee ~-e s~ ?-iii-~~-u~a~-ems s e~ }ts ~a~r~ was ~as a ~ees~~ e e~a ~e~r~a-~~ _~,~.,_~_.._ -.L gp e e • a~ac~-eel e~ r-~-~ ~ ~ ~ ~ ~ a s-~e ~ ~ 3 }~-e ~ r~~ ~ ~~s E e~-~ ~-ae-~ - d i ~~ ~ ear ~ - / ~~ _F / t - - - '' ee~~ e s-- . ~te~et~ €e~ a~l ~ ir ~ 4 ae ~-e e~as~--l E ~ -~ gg age ~ re--age-e b ea-ems- ~ P ~ ~ l ~ i € ae ~ ~~~ --~ - , ~~ e~s a e-e~ . eg s e~ ie ess ee a ~g eee e ~, a ' ^'F - ^ '^'^ i'}'1P Wf3Y ~E 3^PFf13l i' Pf~~iT '~ '3l A iT3PEs~-'F-a ^^+- -rr - ^ - _ -, ,t ~r ~ ~ ~ ~ _ m a n -~~i ~ -~ ~ B rr ~^F „ e-~s-~e~s e eat~ . ee~le~e~ a a~ta a i ~ ~ ~ ee~e e ~€ae~r~~ ~~ ~ ~ aer s ~e~ee ~a re e~is-~a}~}eg eee~s-e--~ 3€} e ~ ~_ e ~ -F~~'F ___ ~ ~~" ~..~ 3 S-=- j ' ~- ~ ~e - ~g e~te~ se€t-sae-r-e-~~-eges g e e~ €e~ s$ee e e r ~e~s-, ~e 8e~~ae~. ~ s~ ~ € ~~~~ ~~~ 49~ }l ~' 3 -g ib ~ -z se~v ee ee -~-~a a3 -~ es e -~ ~e ~ e~-ee e - g a ~ -~ € -~~ - ~ ~t } ~ Wi l~ t ~ a e ~r~e~ e ~~tr ~g~-ae-~}eat, e• € $ - g ~ e ~ e~~ egr ~- ~ .~ r-a-e ee --e-~~e~- r~~~e~€-e~-a-gi~e~3-~-ape ~~ 9 PJ ~~ ~ ~e- -~ t s ~~ - ~~'~ '"Y^~'--~ - e ~ ^~'- ~ e~~a . e~ ~ ~ ~i~-~ ~ ~ eee a -- ~ e . . e~re~s- a ~ l ~i ~i ~ ei C a ~ - ~a e a~ ttse e~~ -t~a ~rg-w e -e s~ r-a-e -e ~ ""^ ee~~a~~e~ ~ -s~al~l- - n l~ €}€~ ~ . ~ e tree-~ -- e ~ ~a ~ ~a t-~ ~ ~ ~ i i C ~ ~ ~e , ~e~t~ - es e bae s-~s ~rs e re- e~ s - g-- a g ~~eg~a~g ~ls e~~s-6a~~ e~--~~e-C~~~t-~eq~t~~~es ~e -~e -~~le~ --~ Section A - SP (Revised 12/15/04) Page 18 of 26 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. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct Section A - SP (Revised 12J15/04) Page 19 of 26 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 ~~ ~~ ~~ ' < ~ n T-g~3~3 3S a~flel ~~ ~ ~ E ~e~-~~~2C~"~~ aI3"~r9 ~ vxxvc=~crcxei3 ane 33~eF3e~ 6t3~ 3 Oir the-Pre~ee€ A-38 Worker's Comvensation 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) _ _~_ ~s-F#a~t ee e~ a e el'~ ~ € ~ ea~~e e~-e e~ag~a~e~F--€ 9 ~' i~31`~6~e~ae~l~s ~6~es met A-40 Amendment to Section B-8-6: Partial Estimates (NOT USED) 6a~ ~ t} l h~ h `i n~ttde~e 11-be eale~rl~~~~i~l- =~~-i -ga~te~ s a -per zaaccTZZ-v~~ia e ~-c ~ : A-41 Ozone Advisory NOT USED t € ~ }mss p ~ ~ d b ~ e ~~e ^ -'- '' =-~~ , e~eep e~ rep a - ee s s~e as- ~~~er~e--a~~ ee~-y _ ~ --g _ te t~ t d - -l d - ill b €e~ Tai=1 be -C- ~- - -dae~ e a e - ~a am- e es~tn met t ie d¢y-Tr ~ ae e r Section A - SP (Revised 12/15/04) Page 20 of 26 A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall and agents harmless employees, attorneys, liability whatsoever officials, employees, causes injury. to an supplier or material A-44 Change Orders hold the City, its officials, employees, attorneys, and shall indemnify the City, its officials, and agents from any and all damages, injury,. or from a negligent act or omission of the city, its attorneys, and agents that directly or indirectly employee of the contractor, or any subcontractor, man. 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 (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. Section A - SP (Revised 12/15/04) Page 21 of 26 A-46 Disposal of Hic7hly Chlorinated water (7/5/00) NoT USED ~.,.,~y..y, ...~.,~,.~....,..~..., u.,,. ~~n~ ~~,.~..~,.y ~.. .... ..L.,r.~......,, .........,.~. ..,.....,....~.......~.. Win-the-daa~er; past-ie~a~~t-high lev-els e€ able=iae, 6d=~~be-t~ee~-€er a~e~re yes s~eh-as~T-PaF~C-~=A, e-t~-l-t--~i 11--bathe-Ee~t~a e-€ a ~s~ - - ~ ~ "--- ='= ='-' } f' t-die-E-ray-€~er-agp~e~ral-T~ere ~-a~ll c~le-ri-nested---era-ter. Eea}€r-ae~er s-hall-nc~t--ttse €he-Ei~y--s saa}~~ar~-eebae~-s~e~t F.. ,.. a... .,i ,.} ..}.. -.}..,a -,},. --- ---r---- -- -------"------~ ..---- A-47 Pre-Construction Exploratory Excavations (7/5/00) NOT USED ~rter te-aa~*-ee~rs~rtre~ea~-r~eve~ ee--~e--gre~-ee-~-Ea~~~aete~ s~a~l exe~e-ate ~re}9es~ed--p rgel ices e ~t~e~r-e~-e~e~--an: d-r e~-tr-a e~e~s ha l~-s~a e~ tyre--e~~ ,. , F~~-exis~i~g-gr~peliaes whreh-gar-a~~el aid aye 6dithia3 ~e~ €-eel-(-€-A }?r-egesed-pige-~i-gyres-$€ the-gr-e3-eel, ~e~rae~e~ shall e~e~id-a-~e--ana-e~pese~d e~~} t t~gr~el r~eg-a}~nax}nttmr-a€ g A 8-€ee t ~~ f eel } e . e . Ce~r-a~~er s~ral~l-then-prepare a rage-r-t a~~--s i~i 9 ~ ~ ~ - ~ - t ti th r~t i~t to t-13?~-~1 €r}r ~prrov.?-? d d-- d ll ~h e ~ea aa~er s -g pe e•es exe av a ~rg-- e- acr sn~aeye , as Ede as e _--.~-____- ___- __y_ _- ____-_-~~ y_-y_=-____-. A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires.. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is"provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. Section A - SP (Revised 12/15/04) Page 22 of 26 A-49 Amended "Maintenance Guaranty" (8!24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." A-51 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 flamed 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 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. The City will not support the contractor in his operations by loaning equipment, work crews, removing lines from service, etc. _ A-52 Confined Space Entry 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 Section A - SP (Revised 12/15/04) Page 23 of 26 compliance with OSHA Regulation (Standard 29 CFR) Permit Required Confined Spaces 1910.146. All personnel entering confined spaces shall be properly trained and certified. At any time, upon demand, the Contractor shall supply the engineer with this certification information of any/all personnel who are doing confined space entry work. A-53 Errors and Omissions The Contractor shall carefully check these specifications and the contract drawings and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed and if correction of such errors or omissions causes an increase in 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-54 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-55 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-56 Dis osal of Materials Resulting from Cleaning of Existing Structures The Oso WWTP personnel are responsible for draining Aerobic Digester No. 2 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 Section A - SP (Revised 12/15/04) Page 24 of 26 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 the City's Cefe Valenzuela Sanitary Landfill. The Contractor will be required to complete the attached GENERATOR'S WASTE PROFILE SHEET (Attachment II). 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-57 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. A-58 Electronic Submittal of Bids The following paragraph modifies B-2-7 Preparation of Proposal, of the General Provisions: "The bidder has the option of submitting a computer-generated print-out, in lieu of, the Proposal (SHEET 3), INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheet 3. If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 4, 5, and 6. A sample print-out is shown in Attachment II2. In addition, the print-out will contain the following statement and signature, after the last bid item: (Contractor} herewith certl ies t at t e unit prices s own on t is 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) ac now edges an agrees t at t e Tota 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 12/15/04y Page 25 of 26 SUBMITTAL TRANSMITTAL FORM PROJECT: OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS; PROJECT NO. 7422 OWNER: CITY OF CORPUS CHRISTI ENGINEER: LNV ENGINEERING, DAN S. LEYENDECKER, P.E. CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP (Revised 12/15/04) Page 26 of 26 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 8TH day of DECEMBER, 2009, by .and between-the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and R.S.Black Civil Contractors, Inc. Machinery & Materials, Inc. (Joint Venture) termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $470,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: OSO W.W.T.P. AEROBIC DIGESTER N0.2 IMPROVEMENTS PROJECT NO. 7422 (TOTAL BASE BID: $470,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS PROJECT NO. 7422 Total Base Bid I II III IV y ITEM QTY b UNIT Description Unit Price (In Figures) Bid Item Extension 1 1 LS Mobilization/Demobilization, complete in place per lump sum. ~t7, Owl -`_~ $ D 1 2 1 LS Aeration Equipment for Aerobic Digester No. 2, including but not necessarily limited to: an access bridge, 1- 14" diameter air header pipe, aeration system containing 4" steel distribution headers, 2" diffusers, double-throw Eductor tube, all required supports, couplings, anchors, and fasteners for a complete system, start-up, testing, training & documentation, 5-year warranty, complete in place per lump sum. ~j'~~~ ~ y'(J s ,1(~~'j ~ $ L~7 SO~j,, ~ 3 1,500 Polyurethane crack injection for Aerobic LF Digester No. 2 including walls and floor, complete in place per linear foot. ~,~ ~~ ~ $ SZ. S!`~ f P ~ ,~ Total Hase Bid $ ~~ ~ _ ~ Proposal Form Page 3 of 6 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 280 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. ATTE Ci y Secretary CITY OF ORPUS C IST B ~ ~ Y• Juan Perales, Jr., P.E. Assistant City Manager APPR AS TO LE FORM: ~11 - ~ ..~ By : ~~ 4~~~ Asst . Cit~~ypp Attorney {Yt~0~( 3.s'l' . AUTHORtZEl1 ~T COUMdCiI.....~ ~ :~ ~g p~ l SE~RE'fAftY ~J- ~- - a.,,,.~. ~.~~-?.~R biz B Y : ~-,~~i Pete Anaya, P.E. Director of Engineering Services CONTRACTOR R.S.Black Civil Contractors, Inc. Machinery & Materials, Inc.(Joint Venture) Tit 1 e : ~~ ~.,~,~-t_ ~/~`'~AMNA,~'~ (Address) CORPUS CHRISTI, TX 78466 (City) (State)(ZIP) 361/242-3187 * 361/242-3188 P.O. BOX 6218 (Phone) (Fax) Agreement Page 2 of 2 P R O P O S A L F O R M F 0 R OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS PROJECT NO. 7422 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 6 P R O P O S A L Place: Date: ~G'i/ // , '~L~ Proposal of ~/,~-~i -~C- ,,/~~?~~.fs4-G~~~1/~ ~~'7,~~"i~~~~7'L,e~~ a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS PROJECT NO. 7422 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: Proposal Form Paqe 2 of 6 OSO W.W.T.P. AEROBIC DIGESTER NO. 2 IMPROVEMENTS PROJECT NO. 7422. Total Base Bid I II III IV V ITEM QTY S UNIT Description Unit Price (In Figures) Bid Item Extension 1 1 LS Mobilization/Demobilization, complete in place per lump sum. ~M Q ~J ~ $ ~~' 2 1 LS Aeration Equipment for Aerobic Digester No. 2, including but not necessarily limited to: an access bridge, 1- 14" diameter air header pipe, aeration system containing 4" steel distribution headers, 2" diffusers, double-throw Eductor tube, all required supports, couplings, anchors, and fasteners for a complete system,. start-up, testing, training & documentation, 5-year warranty, complete in place per lump sum. `7 ~O~ ~~ $ `'7 S®~f 3 1,500 Polyurethane crack injection for Aerobic LF Digester No. 2 including walls and floor, complete in place per linear foot. ~®Q~ $ S Total Base Bid $~~~,~(~~ Proposal Form Page 3 of 6 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and .that no representations made by the City are in any sense a Warr-anty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required} for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth a.s liquidated damages for the delay and additional work caused thereby.. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value. for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 280 calendar days from the date designated by a Work Order. The- undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned. work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. number): Receipt of the (SEAL - IF BIDDER IS a Corporation) following addenda is acknowledged (addenda Respectfully submitted: Name : f.G" ~ , ~'~ By: (S GNATURE) Address : ~(~,~~,~ ~o•Zl ~(P.O. Box) (Street)/ (City~tate) (Zip) Telephone : Zvi 2~3 / ~ 7 NOTE: Do not detach bid from other papers. -Fill in with ink and submit complete with attached papers. (Revised August 2000) Proposal Form Page 9 of 6 P E R F O R M A N C E B O N D BOND NO. 104993892 STATE OF TEXAS § IQ,10W ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT R.S.Slack Civil Contractors, Inc. Machinery & Materials, Inc.(Joint Vesture) of NUECES County, Texas, hereinafter called "Principal", and TRavF FRS c:AS A TY & SURETY COMPANY OF AMERICA , a corporation organized under the laws of the State of TEXAS , 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 FOt7R HUNDRED SEVENTY THOUSAND AND NO/100 ($470,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SIICH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of DECE~~BR 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: OSO W.W.T.P. AEROBIC DIGESTER N0.2 IMPROVEN~;NTS PROJECT NO. 7422 (TOTAL SASE BID: $470,000.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WSEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 15TH day of DECEMBER , 20 09 ~G ATTEST _~AJ~y P2rN Z.. 'PRo~r- ,iyid-n.~ ~n (Print Name & itle) ~1F~ ~5~~ TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA By: ~ - `~ ~ Attorney-in-fact ~ - TAMI .I DUNCAN (Print Name) Agency: SWANTNER &_GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address : P_ ~_ Rax a7o CORPUS CHRISTI. TEXAS 78403 Phone 1Vf~ber: 361-883-1711 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/OS) Performance Bond Page 2 of 2 PRINCIPAL R. S. BLACK CIVIL CONTRACTORS, INC. / P A Y M E N T B O N D STATE OF TEXAS § BOND NO. 104993892 COUNTY OF NUECE3 § KNOW ALL BY THESE PRESENTS: THAT R.S.Black Civil Contractors, Inc. Machinery & Materials, Inc.(Joint Venture) of NOECES County, Texas, hereinafter called "Principal" , andTRAVELERS CASUALTY & SURETY COMPANY OF AMERICA a corporation organized under the laws of the State of TEXAS , 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 FOUR HUNDRED SEVENTY THOUSAND AND NO/100 ($470,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH day DECEMBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: OSO W.W.T.P. AEROBIC DIGESTER N0.2 II4PROVEMENT3 PROJECT NO. 7422 (TOTAL BASE BID: $470,000.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material" as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety. herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN TnTITNESS WSEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 15TH day of DECEMBER , 20 09 (Print Name & Title) ATTEST (Print Name & Title SURETY TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA By: ~ - ~ ~ . Attorney-in-fact TAMI .I Dl1NC:AN (Print Name) - ,. - AgeacY: swANTNER ~ GORDON INSURANCE AGENCY Contact Person: MARY ELLEN_MOORE AC~dress : p n ROX 870 rnRPl )S CHRISTI. TEXAS 78403 Phone Number: ~B1.88;x_1711 (NOTE: Date of Payment Bond must not be prior to date of .contract) {Revised 3/08) Payment Bond Page 2 of 2 PRINCIPAL R. S. BLACK CIVIL CONTRACTORS, INC. / MACHINERY & MATERIALS, INC. (JOINT VENTURE) OP ID COCO CERTIFICATE OF LIABILITY INSURANCE DATE(MIWD[ RSBLACI 12/lE Swantner & Gordon Ins Agcy-HO 1500 Citywest Blvd Suite 500 Houston TX 77042 Phone: 713-952-9990 Fax:713-952-9939 RS Back Civil Contractors,inc Y POcBoxeEiZ18 Materials, Inc. Corpus C6Zhristi TX 78466-6218 __ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: QBE Specialty Ins Co 11515 INSURER B: Redland Insurance Company 37303 INSURER C: TAxaB Mutual Ins Co 22945 INSURER D: PzinCetOn E7[C98s&$urplus 10786 0 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 W tTH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURA E POLICY NUMBER DATE MMIDD/YYY DATE MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1~000~000 A X COMMERCIAL GENERAL LIABILITY QSIHU0001985 09/09/09 09/09/10 PREMISES Eaoccurence) $ 100000 CLAIMS MADE X^ OCCUR / MED EXP (Any one person) $ 5, OOO V PERSONAL 3ADV INJURY ~ OOO ~ OOO GENERAL AGGREGATE $ 2 ~ OOO ~ OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 ~ OOO ~ OOO POLICY PRO- LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 000 $ B X ANY AUTO RICHU0001554 09/09/09 09/09/10 (Ea accident) ~ ~ ALL OW NED AUTOS ~ BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS! UMBRELLA LIABILITY EACH OCCURRENCE 2 ~ OOO ~ OO O D X OCCUR ~CLAIMSMADE 66A3U8000090500 09/09/09 09/O9/~0 AGGREGATE $2~000~000 / $ DEDUCTIBLE ~/ $ X RETENTION $ 1O ~ OO ~ $ WO RKERS COMPENSATION ' - TORY LIMITS ER C LIABILITY AND EMPLOYERS ECUTIVr~j TSF0001140917 01/28/09 01/28/10 E.L. EACH ACCIDENT $ 1000000 OFFCER/MEMBEREXCLUOED? (Mandatory In NH) U / E.L. DISEASE - EA EMPLOYEE $ 1 O O O O O O If yes, describe under SPECIAL PROVISIONS below dd E.L. DISEASE -POLICY LIMIT $ 100000 O OTHER DESCRIPTION OF OPERATIONS (LOCATIONS (VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: Oso WWTP Aerobic Digester No. 2 Improvements - Project #7422 The City of Corpus Christi is named as additional insured applicable to the General Liability and Auto Liability. rcoTrcr~ere uAl r1FA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREy11E EXPIRATION / J CICC-O7 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O /DAYS WRITTEN gg11 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL City Of COrpus Christi IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Dept • of Engineering Services REPRESENTATIVES. Attn: Contract Administrator NTATIVE A T S P.O. Box 9277 LI E E / Co us Christi TX ACORD 25 (2009/01) ~ Tatstl-zuvy c-~unu wnrv-+A I wlv. An ngnts reserves. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009!01) ~COR~ CERTIFICATE OF LIABILITY INSURANCE OP ID COCO DATE(MMmonVYY) ~ RsBLACl 12/31/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER IMF RMA ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SWantner & Gordon Ins Agcy-HO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1500 Cityvrost Blvd Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. xouston TX 77042 Phone: 713-952-9990 Fax:713-952-9939 INSURERS AFFORDING COVERAGE NAIL iF INSURED INSURERA Firemaas Fund Ias. CO 21$73 INSURER B: R$ Black Civil C traCtOrS,InC ~ ials, inc. Och~ s 8 ~later -~ INSURER C: 6 1 Corpus Chr sti TX 78`66-6218 INSURER D: INSURER E: COVERAGES THE POLK:IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOK:ATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT 70 W HIGH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITKNIS OF SUCH POLICIES. AGGREGATE LIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YYY DAT MWDWYY LaAtTS GENERAL LUIBILRY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PREMI8ES Ea oxurenoe _ S CLAIMS MADE ~ OCCUR MEO EXP (Arty arro person) S PERSONAL 9 ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMPlOP ACiG S POLICY JECaT LOC AUT OMOBILE LIABILRY COMBINED SINGLE LIMR ANY AUTO (Ea aoddent) S ALL OW NEO AUTOS BODILY INJURY SCHEDULED AUTOS (~ ~~") S HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Fer accident) S PROPERTY DAMAGE (Per acddent) S GARAGE LIABILITY AUTO ONLY • EA ACCIDENT S ANY AUTO OTHEA THAN EA ACC S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE S S DEDUCTIBLE $ RETENTK)N S S AND KERS NBATKIN EMPLOYERS' LUIBRRY Y / N - TORY LIMITS ER ANY PROPREi70R/PARTNER/EXECUTIVf~ OFFK7rRIME1~ER EXCLUDED? E.L. EACH ACCIDENT S u ~ ~ ~) ib ~ M d E.L. DISEASE - EA EMPLOYEE S aun r yes esd SPECUY. PROVISIONS below E.L DISEASE -POLICY LIMIT S A A OTHER 8quinalsnt Floater Builders Risk >!lZ=93004162 f >I~I93004162 01/28/09 01/28/09 01/28/10 01/28/10 DESCRIPTION OF OPERATKNiS / LOCATKIN3 / VENK:LES / EXCLUSIONS ADDED BY ENOORSEMEN7 /SPECIAL PROYISW113 City of Corpus Christi is Warned as as Additional Zasursd. Policy is all risk and based on cam~leted values. Limit at any single location $500,000. ,/ CERTIFlCATE F1t7LDEFi CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLX~ES BE CANCELLED BEFOREJfNE EXPIRATK)N CIC~-C7 GATE THEREOF, THE ISSUING WSURER WILL ENDEAVOR TO MAIL 3 0 DAYS wRRTEN NOTICE TO THE CERTNICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Of COrpus Chri Bt 1 IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE INSURER RS AOENTS OR Dept . of Eagriaeerinq Services , Arta: Contract Administrator REPRESENTATIVES. PO 8070 9277 SENTATIVE o s Christi TX 78469-9277. A,cORD 25 (2DD9JV~) ®1988-2009 A~ORU'CORF~ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (20o9roi) :~DUI'IIONIL INSUItLD E1vUO1tSE~~~IEN'r THIS ENL)ORSEMENT, EFFEC'TItiB UN 09/09/2009 AT 12:01 A.~11. STANI)ARU TIIviE, FORMS APART OF POLICY NL~IBER USII~I?0001985 QF THE QBE SPECIALTY 11VSURANCE COiv1PANY ISSt?ED TO .RS BLACK CIVIL CONTRACTORS IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED AS AN Al~lll'i'IUNAL 1NSU1ZLll 1llS1LEUNllEIZ 13U'1' UNLY AS 1tESYliC'1'S LL4131LT1'Y ARISING OUT OF THE OPERATIONS OF THE N.A~~ED INSURED, AND THAT 'THE INCLUSION OF SUCH ADDTTIONAL INSURED SHALL NOT SERVE TO INCREASE THE CO~tP.ANY'S LIlvIIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF THIS POLICY. THIS ENDORSEIv1ENT APPLIES TO ADDITIONAL INSUREDS ADDED, AS REQUIItED BY WRITTEN CONTRACT, PRIOR TO THE OCCURRENCE OF ANY LOSSES. CITY OF CORPUS CHRISTI ATTN: CO_'~TTRACT ADIIHPTISTRATOR PO BOX 9277 CORPUS CHRISTI, TIC 78469-9277 550.00 FULLY E ~1R:~TID FLAT CHARGE Authorized by: ee, Managing Partner <~l)Lll'VS Swantner & Gordon Insurance Agency City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator REDLAND INSL'R:-1NCE CO1tIPr~NY PO Box 9277 Corpus Christi, TX 78469-9277 ~1DDI'IIUN.~L INSURED ENDORSEZ•IEY'T THIS ENL~ORSEIvIENT, EFFECTIVE ON U9/09/20U9 AT 12:01 A.1I. ST.~NL)AI2I) TIME, FORMS APART OF POLIC~C' NUI`~IBER RICHiJ000155d OF THE REDLAND INSCTRAI~ICE COI\~IPAI~Y ISSUED TO RS BLACk CML CONTRACTORS IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWQ~IG IS ADDED AS AN AUUI'I'IUNAL INSUl~ll IiE;Rl:UNllEIt I3Ui' ONLY AS IL~SPF:C'I'S LL413ILI'I'Y ARISING OUT OF THE UPERAT'IONS OF T'HE N.4ivtED INSURED, AND THAT THE INCLUSION OF SUCH ADDTTIONAL INSURED SHALL NOT SERVE TO INCREASE TIC CO1v1P.4NY'S LIlvIIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF THIS POLICY. THIS ENDORSEMENT APPLIES TO ADDITIONAL .INSUREDS ADDED, AS REQUIRED BY WRITTEN CONTRACT, PRIOR TU Tl ~ OCCURRENCE OF ANY LUSSI:'S. BLANKET AS REQUIItID BY WRITTEN CONTRACT 5100.00 FULLY EARPIED FLAT CHARGE Authorized Representative s ~,~_ R.M. Lee, Managing Partner Swantner i3< Gordon Insurance Agency THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER'- ENDORSEMENT EFFECTIVE DATE: COMPANY: QSIH00001985 ~ 09/09/2009 4BE SPECIALTY INSURANCE COMPANY NAMED INSURED: COVERAGE PARTS AFFECTED: RS BLACK CIVIL CONTRACTORS COMMERCIAL GENERAL LIABILITY IT IS HEREBY AGREED AND UNDERSTOOD THAT A THIRTY (30) DAYS NOTICE OF CANCELLATION WILL APPLY, EXCEPT FOR NON-PAYMENT OF PREMIUM, THEN A TEN (10) DAYS NOTICE OF CANCELLATION WILL APPLY. CITY OF CORPUS CHRISTI / ATTN: CONTRACT ADMINISTRATOR f PO BOX 9277 CORPUS CHRISTI, TX 78469-9277 Authorized by: `~ - R.M. Lee, Managing Partner Swantner & Gordon Insurance Agency SPECIAL-1 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469-9277 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER ENDORSEMENT EFFECTIVE DATE: COMPANY: RICH00001554 REDLAND INSURANCE COMPANY NAMED INSURED: R8 BLACK CIVIL CONTRACTORS COVERAGE PARTS AFFECTED: / COMMERCIAL AUTOMOBILE / IT IS HEREBY AGREED AND UNDERSTOOD THAT A THIRTY (30) DAYS NOTICE f OF CANCELLATION WILL APPLY, EXCEPT FOR NON-PAYMENT OF PREMIUM, THEN A TEN (10) DAYS NOTICE OF CANCELLATION WILL APPLY. BLANKET AS REQUIRED BY WRITTEN CONTRACT Authorized by a f ~ ,. ~) R.M. Lee, Managing Partner Swantner & Gordon Insurance Agency SPECIAL-1 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission tt ® WORKERS' COMPENSATION AND EMPLOYERS ~X~~MU~+U LIABILITY INSURANCE POLICY Instu~nceComp~ay WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 30 2. Notice will be mailed to: Schedule CITY OF CORPUS CHRISTI P,O, BOX 1977 CORPUS CHRISTI, TX 78469 Authorized by: R. .Lee, Managing Partner Swantner & Gordon Insurance Agency This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. {The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on / May 7 , 2009 at t 2:01 A.M. standard time, forms a part of Policy No. TSF-0001 140917 20090128 of the Texas Mutual Insurance Company Issued to R S BLACK CIVIL CONTRACTORS I NC Premium $ 0.00 Endorsement No. 3 ~--z ~.~.._..~. Authorized Representative WC420601 (ED. 1-94) WASENDRS 5-07-2009 ~+:~.DO1t.~E11~JE1~T 001 - /~ ADDITIONAL NAMED iNSUItED V Insured R S BLACK CIVII. CONTRACTORS, tNC. f Policy Number MZT93004162 ~/ MACHINERY 8c MATERIALS, INC. / Producer SWANTNER & GORDON Effective Date 01/28/2009 '/ A1~AIT70NAT_~ NAMED INS[7RED (Bi7T ONLY FOR SPECIFIC JOAS DONE ON BEHALF Olt FOR C~I'Y OF CORPUS CHRISTI): `// CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES ATTN: CONTRACT ADMINISTRATOR P.O. BOX 927? CORPUS CHRISTI, TX 7II469-9277 Authori2ed by: ,:~ ~v R.M. Lee, Managing Partner Swantner & Gordon Insurance Agency ~. ~hCtllSil'$ jt'Ulia" POLICY NUMBER MZI93804162 y" Named Insured Sequential Endorsement Number 004 R S BLACK CIVIL CONTRACTORS, INC. MACHINERY & MATERIALS, INC. CHANGE ENDORSEMENT Effective A1/28/Z009,12:01 A.M., Standard Time st the Address of the inanred This is an Endorsement only. Other than changes shown, all other pre-existing coverage. remains in full force and effect. Premium adjastments are shown. J PREMIUM SUMMARY: PREMIUM DUE NOW: S 0 Thirty Day Notice of Cancellation It is hereby agreed and understood that in the event of cancellation or non- renewal of this policy, by the company, thirty (30) days prior written notice of cancellation will be sent to the named insured at the address shown in the declarations, unless such cancellation is due to non-payment of premium by the insured in which case a ten (10) day prior written notice of cancellation will be sent. FORMS ATTACHED AT INCEPTION OF THIS CHANGE ENDORSEMENT Couaten;goature of Authorized A;eM; Producer. .. ' jv.:. +'i.:' ', t ..K 111/// SWANTNER do GORDON Date 500 N. SHORELINE, SUITE 1200 CORPUS CHRISTI, TX 78471