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HomeMy WebLinkAboutC2010-221 - 6/22/2010 - Approved~oia-z2i M2Q10-I47 as~2~~io Austin Engineering S P E C I A L P R O V I S I C S P E C I F I C A T I O N S A N D FORMS O F CONTRACTS & BOND S F 0 R GREEN~QQD W~nTT P LIFT S TAT I (~N IMPRCIVEMENT S PREPARED FOR; cbw~„~~~.,~, WAS1'i~WATER osrnararerir Wastewater Department City of Corpus Christi F. O. Box 9277 Corpus Christi, TX 7g4b9-9277 April, 2010 =~~Z~ O F T~,~q 4~ 1 7k ' 'k MARK.A. _MAROP~EY. ,_ !.'0.0 ~. ,a 2015`0 .4~~' rF~ ~ u Mme. ~~ / ~~ ~ ~ ~° aIRBA~i ~NGINE~RfNG FIRM N0. 145 2725 Swan~ner Si~. CORPUS CHRISTI, TX 78404-2832 (3&1) B54--3101 FP,X (351) 854-6001 U.E. JOB N0. 26175.80.00 PROJECT NO.: E09005 DRAWING NO.: STL-185 {Revised 7/5/00). GREENWOOD WWTP LIFT STATION IMPROVEMENTS Project No. E09005 Table of Contents NOTICE TO BIDDERS {Revised 7/5/00) NOTICE TO CONTRACTORS - A {Revised March, 2009) InsL~rance Requirements NOTICE TO CONTRACTORS -- B {Revised 7/5/06) iJ I 3 , Worker's Compensation CovVxage Far Builda.ng ar Construction Projects For Government Entities SECTION A - SPECIAL PROVISIONS -1 Time and Place of Receiving Praposals/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-5 Time of Completion/T~iquidated 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/p0) A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14. Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A-~~ r; ,., a nrt; .... {NOT USED} A-1$ Schedule and Sequence of Construction ~4 19 Gems-tr~etiar~-gr-e~-e~et • ~.,-„} ,~~' ~'~T}r~, [NOT USED) A-2C Testing and Cextifxcation A-~~ {NOT USED) ---J--- --J--- . A-22. Minority/Minority Business Enterprise Participation Policy (Revised 10/98) ~--~~ -~A^-=-~}---- n_..,,=_,. .-1 i.~, ..-_'_.. _.a -r/c /nni {NOT USED} - A-24 Surety Bonds y n~ ~ ~~,.... ~~,. ~....,..i+_.,,, NO LONGER APPLICABLE I6/11/98) A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-3fl 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 woxk A-34 Precedence of Contract Documents [NOT USED) A-36 Other Submittals IRevised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" . A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 3•P Ger~~f-e ~,~ ~_r.,, r,,,,..y ,.^...... {NOT USED) A-90 Amendment to Section 8-8-6: Partial Estimates A-41 Ozone Advisory A-92 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-94 Change Orders (4/26/99) A-95 As-Built Dimensions and Drawings {7/5/00) ' A-96 Disposal of Highly Chlorinated Water {7/5/00) --4-~--P~'2~=------------- ---------- ---__._------ ~ -• --• INOT USED) A-48 Overhead ElectricallWires (7/5/00) A-99 Amended "Maintenance Guaranty" (Sf29/0©) A-50 Technical Spegial Provisions A-51 Contaminated Soils A-52 Fences A-53 Protection of Public and Private Property A-59 Security i-1-55 Access Roads A-5E Parking A-57 Amended Prosecution and Progress A-58 Noise Control. A-59 Dust Contxgl A-~i0 Temporary Drainage Provisions ~,_r_7 .~_..=a-_==_.~ {NOT iJSEDy TECHNICAI, SPECIAL PROVISIONS PART B - GENERAL PROVISIONS PART C - PART S - 02 6210 027604 030020 032020 038000 093020 151D20 PART T - 5A1 [ 1 ] 9J1 [5] 10C1 [1] 1185.[1] 13C1[1] 13C2 15C2 [1] 15D3 ml5-E4 T15-F3 16010 16123 16135 E'EDERAL WAGE RATES AND REQUIREMENTS STANDARD SPECIFICA'J.'IONS - Polyvinyl Chloride Pipe - Disposal of Waste from Sanitary Sewer Cleaning Operations - Portland Cement Concrete - Reinforcing Steel - Concrete Structures - Painting - Check Valves '~CHNICAI, SPECIFICATIONS Structural Steel and Other Metals Coating of Concrete Walls Heavy Duty Fiberglass Grating Wet Pit Submersible Pumps General Requirements Modifications/Rehaba.litation for Station Ductile Iron Pipe and Fittings Plug Valves Powar Operated Sluice Gates Electric Actuators Electrical General Provisions Wire and Cable Raceways LIST OF DRAWINGS NOTICE AGREFI~IENT PROPOSAL/DISCLOSURE STATEMENT PERE'ORMANCE BOND PAYMENT BOND Greenwood WWTP Lift ,~ ~' ~~ . ;-1 _; i N~TI~E TO BIDDERS ~~ .~ ~I NOTICS T4 BIDDERS ~~ Sealed proposals, addressed to the City of Corpus Christi, Texas for: I GRBE'NPTOOD ~4WTP LIFT STATION IMPROVSMBNTS, PROJECT N0. 7309005, consists of the rehabilitation of the wastewater treatment plant lift station which requires bypass pumping, the replacement of pump bases, submersible pumps, piping. fittings, pump guide rails, plug valves, check valves, the replacement of sluice gate with new electric actuator, the application of concrete coating and miscellaneous-items of work required to complete project in accordance with plans, specifications and Contract Documents; will be received at the office of the City Secretary until 2:0_0 ,~ m• on Wednesday, May 19, 2016 and then publicly opened and read. Any bid received aftex closing time will be returned unopened. A pre-bid meeting is scheduled for 40'edaeada Ma 12, 207.0 beginning at 14:00 a.m. The pre-bid meeting will convene at Department of 73ngiaeeriag 3ervicea, Mafia Conference Room, 3rd Floor, Cit Hall, 1201 Leo and St „ Co us Christi, Texas and will be conducted by the City of Corpus Christi. The meeting will include a review of the project scope, followed by a question and answer session. A site visit will follow after the meeting, if requested. A bid bond in the amount of 5~ of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive pxoposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.40 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 ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt. of an additional ($].0.00) 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 ixi 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" amployed 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 CORPE3S CHRISTI, TExAB ~~ /s/ Pete Anaya, 7?.E. Dixectar of Engrg. Services /s/ Armando Chapa City Secretary Revised 7/5/09 ,_ ~ ~...~ i i ~~ .~ __~ 3~ NOTICE T4 CONTRACTORS - A 1 J~ ~ NOTICE TO CONTRACTORS- A . ~ INSTJRANCE REQUIREME~'TS f Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the ~ following amounts is required: _~ l r ,~ ,l ~II ,_ J _i i i TYPE Off' INSURAI3CE MINIiriCTM INSURANCE COVERAGE 30-Day 1~Totice o£ Cancel3.atian required on Bodily Injury and Property Damage all Gerti£icates PER OCCURRENCE / AGGREGATE- Commercial General T~~.ability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 9. Underground Hazard 5. Products/ Comp.teted Operations Hazard 6. Contractual ~,iability 7. Broad Form Property Damage B. Independent Contractors 9. Personal Injury AUTOMOBILE ~,IABZL+ITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHxCH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $506,000 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 a.nclude long-term UIRED X NOT RE environmental impact for the disposal of Q contaminants BUILDERS' RISK See Section B-6~-lI and Supplemental Insurance Requirements ^ REQUZRED X NOT REQUIRED INSTALLATION FLOATER See Section B-6-1I and Supplemental Insurance Req~~irements X REQUIRED ^ NQT REQUIRED gage ~ or ^The City of Corpus Christi must be named as an additional insured on alI coverages except worker's compensation liability covexage. ^The name of the project must be yisted under "description of operations" on each certificate of insurance. ^For each insurance coverage, th.e Contractor shall obtain an endorsement to the applicable insurance policy, sign~:d by the insurer, providing the City tiaith thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor sha11 pxovide 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. 7~ completed "BiaclosUre of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contrast Administrator at 88Q-3500. Page 2 of 2 -~, .~ l NAT I CE T4 CONTRACTORS -- $ 1 _~ r4 .~ l 1 1 NOTICE TO CONTRACTORS _ B WORKERrS COMPENSATION INSURANCE REQZJIREMENT S Page 1 of l i Texas Administrative Code T1;TLE 28 INSURANCE ' -, PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 114 REQUIRED I~TOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §114.110 Reporting Regniremen#s for Building or Construction Projects for Governmental Entities ~ {a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defned. (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' cornpensatian 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 defned in the Texas Labor Code, §406.096(e)(1). (3}Contractor--A person bidding far or awarded a building or construction project by a governmental entity. {4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Cade, §401.011(44). (5) Coverage agreement -A written agreement on form TWCC-81, form TWCC-82, form TWCC-$3, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406,. Subchapters 1~ and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the tune from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. {~ Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or eritities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is nct limited to .independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or empioyees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "services" does not include activities unrelated tv the project, such as food beverage vendors, office supply deliveries, and delivery of pnr~able toilets. ,($) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that ail coverage agreements have been filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that ma#erially 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. {e} 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 ~he 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 alter 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 cnverage on file for the duration of the project and for three years ' *hereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them. by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1}provide coverage for its employees providing services an a project, for the duration of the project Eased 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 showiang coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; {5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (b) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Actor 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 far the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (S} contractually require each person with ~~vhom 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 al! 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; Page4ofil (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 frrom 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 (i i) 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 snail 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 wham it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, far the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3} have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements wil! 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 far 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 a~ coverage, if the coverage period shown on the certif cafe of coverage ends during the duration of the project; (S} 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 S of 11 (6} retain all required certificates of coverage on #"zle 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 o£ 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 (S) contractually require each other person with whom it contracts ta: (A) provide coverage based an proper reporting of classification codes and payroll amounts and filing of any coverage agreements For all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; {C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D}provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E} obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: {i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; {F} retain all required certif cafes of coverage on file far the duration of the project and for one year thereafter; (G} notify the governrr-ental entity in writing by certified mail ar personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and {H} contractually require each person with whorrz it contracts, to perform as required by this subparagraph and subparagraphs (A}-(G) of this paragraph, with the certificate of coverage to be provided to the person far whore they are providing services. (f} 1f any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions ar applications of this rule that can 6e given effect v~ithout the invalid provision or application, and. to this end the provisions of this rule are declared to be severable. (g} This rule is applicable far building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable far 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 H675c, §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 10&9, 74th' Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive offtcers who are excluded from coverage in an insurance policy or certiftcate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The pravisians of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T2851 l0.? 10(4)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working an this site or providing services related to this construction project trust 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 Co,~ttmission at 51.2-440-3789 to receive in, formation on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of I 1 TZ$5110.110(c)(7} Article .Workers' Compensation Insurance Coverage. A. Definitions: ` Certificate of coverage ("certificate'}- A copy of a certificate of insurance, a cert f sate of authority toself-insure issued by the commission, or a coverage agreement (TW~CC-8l, TWCC- S2, TWCC-83, or TWCG84), showing statutory workers` compensation insurance coverage for ' ~ the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the Beginning of the work on the project until the contractor's/person's work on the project has Been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ~4D6.096) -includes all persons ' ~ or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether thatperson 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 ofportalile toilets. j 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(4) 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 coniraet. 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 eertifrcates 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 cert~cate of coverage showing extension of coverage, if the coverage period shown on the current ,certificate of coverage ends during the duration of the project. Page 4 of 11 F. The contractor shall retain all required certificates of coverage far the duration of the project and for on9 year thereafter. G The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (I) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section, 401.011(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; (3J provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project,' (4) obtain from each other person with whom it contracts, and provide to the contractor: (a} a certificate of coverage, prior to the other person beginning work on the project; and (b}anew certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown'on the current certificate of coverage ends during the duration of the project; (5} retain all required certi, ficates of coverage on file for the duration of the project and for one year thereajer; {6} not the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew ar should have known, of any change that materially afjcts 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~certijicate 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 wild be f led with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division n{Self- Page i4 of 11 _, 1 r~ ~~ ~..~ ~~ l ~~ ,~ ;~ f .~ ,5 .i } ,i .~ ,I l ._ ; ~- ,; Insurance Regulation. Providangfalse or misleading anformataan may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other cavil actions. K The contractor's failure to comply with any of these provisions as a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of I l SECTION .A~ 7 .} i i I i I ~ ,. 1 I SPECIAL PROVISIONS SECTION A - SPECIAL PROVISIONS - A-1 Time and Plane of Receivi.ag_proposals/Pre-Baal 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 .m., ATednesda Ma 19, 2010 Proposals mailed should be addressed in ,. the following manner: r+s ~__ ~.~ ~...~.,-.,... ~~,~: uti Cit Secreta 's Office r.: ~.. ~,...,,..,+..._..,., „ .n~~y~,. City o£ Corpus Chrxati 1201 Leopard Street ~ - Corpus Christi, Texas 78401 ATTN: S1D PROPOSAL - GREENWOOD WWTP LIFT STATION IMPROVEMENTS PROJECT NO. E09005 Any proposals not physically in possession, of the City Secretary's Office at tb,e time and date of bid opeaiug will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposex, The proposer is solely regpoasa.ble fox delive to the City _Secreta 's Office. Delivery of any proposal, by the proposer, their a eat/re resentative, U.S. Mail, or other delive serva.ce, to an Cit address or office other than the City Secreta 's Office will be deemed non- ~ responsive if not in gosaession of the City Secretary's Office prior to_the date and time of bid opeaiug. ~ A pre-bid meeting will be held on Wedaeada Ma 12, 2010, beginning at - ~ 10:00 a.m. The meeting will convene at the Engineering Services Main Conference ~ Roam, Third Floor, Ca~ty Hall, 1201 Leopard Street, Corpus Christi, TIC. and will include a discussion of the project elements. If requested, a site visit will } follow. 3{ 13o additional or se orate visitations will be conducted b the Cit . A-2 ~ Definitions and A3abreviations 1 ,..) Section B-1 of the General Provisions will govern. A-3 Description of Project --~ This project consists of the rehabilitation of the wastewater treatment plant lift station which requires bypass pumping, the replacement of pump bases, submersible pumps, piping, fittings, pump guide rails, plug valves, check- valves, the 1, replacement of sluice gate with new electric actuator; the application of concrete coating and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. } A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of fuada: 1. Total Base Sid, or i 2. Total Base Bid + Additive Alternate No. 1, or' 3. Total Sase Bid + Additive Alternate No. l + Additive Alternate No. 2, or 4. Total Base Bid + Additive Alternate No. 1 + Additive Alternate No. 2 + Additive Alternate No. 3 SecCion a - SP (Revised 9/16/OR) Page 1 0£ 25 The City reserves the right to reject arty or all bide, 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. ~~ Explanation of Measurement and Pent Bonds & Insurance: This item will be measured as a lump sum and shall include the bonds and insurance required by the Contract Documents. One hundred percent of this item will be due on the first approved monthly pay estimate. Contractor shall provide document to show cost incurred. 2. Move In And Mave Out: This item will be measured as a lump sum. Fifty percent of this item. may be requested on the first approved monthly pay estimate and the remainder will be due on the final estimate when all work has been. completed. Lift Station Im rovements: Each of items shown on the bid proposal shall be measured as noted in the bid proposal. The bid item corresponds to the items listed and described in the Scope of 'NTOrk provided in Specification 13C2, except an item for bypass piping and pumping has been added. k~ach item shall include all work required for this item as described on the drawings and specifications to donstruct the improvements, and nvt measured under another bid item, complete in place, as outlined in the plans and contract documents. 4. Bypass Pipin and Pumping: This item shall be measured as a lump sum and shall include all pumps, piping, fuel, labor, etc. as necessary to provide the pumping and bypassing of raw wastewater at the lift station. Phase One shall begin within five days of the Notice To Proceed, shall include two pumps as back up to the existing pumps and can pump out of the existing wet well. Phase Two shall provide temporary plugs for inlet and drainpipes and full 24 MGD capacity bypass system. See Specification 13C1.8 and Sheet 7. 5. [7tilit Allowance: Contractor shall insert the figure noted in his bid proposal. "This item shall be used for unforeseen circumstances. Payment shall be negotiated for each circumstance. 6. Items Not Listed on the Proposal: Items of work not listed an the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any. item required on the piarzs and contract documents shall be paid under the appropriate bid which covers the item. A-5 Items to be 5ubsnitted with Pro oral The following items are required to be submitted with the proposal: 1. 5`k Sid Hond {Must reference Greenwood WWTP Litt 3tatioa Improvements. Project No. S 065 as identified in the Proposal}. {A Cashiex's Check, certified check, m+oaey order ox book draft £rom arty State or I3atioaal Sank will also be acceptable.} 2. Disclosure of Interests Statement _. Section A - SP {gevised 9/1.8/40) Page 2 of 25 ~~ A-6 Time o£ Completion/Liquidated Damages The working time for completion of the total Project (including and alternates if r awarded} will be 100 Galeadar Days. The Contractor shall commence work within ten (10} calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer"). to proceed. Days Allocat~.oa for Bain. The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day. in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was axi impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days -.Tune 4 Days October 4 Days 3~7arch 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days 'Phis project is essentially a construction contract for a period of 100 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the •~ total time allotted shall he independent of damages assessed for each item, as ~ described above. After Contract Award and pre-construction meeting is Yield, 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, 5300 per Calendar Day will be assessed against the Contractor as liquidated damages. Said liquidated damages are j 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 i withhold and deduct from monies otherwise due the Contractor the amount of. liquidated damages due the City from the ~naathly pay estimate. A-7 VPorkers Com easati.on Insurance Cavern e 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 ' 1 is not in effect on the effective date of cancellation of the workers' compensation 1 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. ,1 Furthermore, for each calendar day including and after the effective ate o 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. Tn 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. Section A - 8P {Revised 9/38/00] ` ' Page 3 of 25 A-8 Faxed Pro Deals Proposals faxed directly to the City will be considered non-responsive. Proposals. must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall, acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do sa 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 Wade Ratea (Revised 7/5/00) Labor preference and wage rates for heavy construction shall apply. Minimum Prevailin Wa a Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Paxt 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 {$60.04) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid leas than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classificatiozis of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such Certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. {see section for Minority/Minority Business Enterprise Participation Policy for additional requirements Concerning the proper form and content of the payroll submittals.} Ono and one-half {12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section 8-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Coo eratioa wa.th Public A exiCies {Revised 7/5/00} The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor' shall provide a forty- eight {48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1-800-344-8377, the Lone Star Notification Company at 1-800-669-8344, and the Verixon Dig Alert at 1-800-483-6279. For the Contr'actor's convenience, the following telephone numbers are listed. City Engineer 82&-3500 Project Engineer 826-3500 Urban Engineering-Mark Maroney 854-3101 Traffic Engineer 826-3540 police Department 882-1911 Water Department 826-1880 {826-3144 after hours) Wastewater Services Department 826-1818 {826-3140 after hours) Gas Department 885-6900 (885-6900 after hours) Storm Water Department 826-1881 (825-3140 alter hours) Parks & Recreation Department 825-3461. Solid Waste Services & Streets 826-197D Section A - SP (Revised 9/18/Ofl) Page 4 pf 25 __.. 4 i 1 J pEP 299-4833 (693-9444 after hours) SWB / A T & T 881-2511 (1-800-824-4424, after hours} ~~ Signal/Fiber Optic Locate 857-1.946 857-1960 r Cablevision 857-5000 (857-5060 after hours) j ACSI (Fiber Optic} 8$7--9200 (Pager 800-724-3&24 CenturyTel 225/214-2169 (225/229-3202 {M) -~ ChoiceCom (Fiber Optic) 881-5767 {Luger 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 accurac and co ].eteness of such information is pant aranteed. 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 Brice. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flamed over the streets or ground surface and Contractor must pay far all fines and remediation that may result. if sewage or other liquid contacts the streets or ground surface. It is also -the Contractor's responsibility to make all necessary repairs, relocations and adjustments ta.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 Acceas axtd Traffic Gontral Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Cantractor must provide temporary driveways and/or roads of approved material during wet weather. The Cantractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Bnifarm Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. Tkie Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. section A - SP (Revised 9/18/6Q) Page 8 of 25 A-14 Coastructioa $quipment S illage sad Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-1S $xcayatioa aad Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt top soil. "Clean" dirt Tap soil is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be .considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Naterials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office (NOT USED) Ce~t~r~e~te~r-'F~er~-}s~~-sep~~ate~a~-ite~t-€~e~~~-tie F; ,., a ..E~:~ A-18 Schedule aad Sequeaca,of Conatruotioa The working time for completion of the Project will be 100 Caleadar Days. The Contractor shall commence work within ten {10} calendar days after receipt of written notice from the Director of Engineering Services or designee {"City Engineer"} to proceed. Days Al.locatioa for Rain The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Power Street Storm Water Pump Station is D.5D inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days section A - SP (Revised 9/38/00} Page 5 0€ 25 r i J This project is essentially a construction contract .for a period of 100 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the ~ total time allotted shall. be independent of damages assessed for each item, as i described above. After Contract Award and pre-construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $300 per Calendar Day. will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services-{City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the CiCy fxom t~ia monthly pay estimate. A-19 Construatioa pro ect La out and Control (NOT L7SED) r Imo- rte.,. , .~~ _.1 I I D i~ee~ t ~~ o xevi~ge . ~~x~~~ ~ Ce~s~tlt+a~ rej-ee ~ ~ __a i • f ..., ct -' € ~~ rL ca xtea~ ~ ~. ie ., e . .. _ yu. ~a v,. ac.. , v..~..~-.1 .-r--____ _ _ _ _ ~ ,. - - . Section A - SP (Revised s/1B/00) Page 7 of 25 A-20 Testixxg and Certification All-tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. The cost of the laboratory testing will be borne by the City. 1n 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, SCHEDi,T7,E OF TESTING BY TT•IE CITY: (NOT USED) SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing firm's ,laboratory. personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements far delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when necessary to allow testing, including sampling, to be performed. Contractar shall have no claim for an increase in Contract Price or Contract Times due to such interruption. 'When testing activities, including sampliritg, are performed in the field by Engineer or the testing firm's. laboratory personnel, Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, ar fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or inspection organization acceptable to Engineer. Contractor shall give appragriate written notice to Engineer not less than ZO days before off site inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and groper facilities and to cooperate with inspecting personnel in. the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week.. The Contractor must provide all applicable certifications to the Engineer consultant. Section A - SP (Revised 9/18/00} Page 8 of 25 A-21 Pro'eot Si s (NOT USED) ~~:~-s-~ill~de-te~fx~ed i~ ~.e -~.: . --~---°--- A-22 Miixasit /ffiinorit Business Sate rise Partici ation Police (Revised 1D/96) 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 Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. {b} For an enterprise doing business as a partnership, at least 51.0 of the assets or interest in the partnership property must be owned by one or more minority person(s). {c) For an enterprise doing business as a corporation, at least 51.0% of the assets ar interest in. the corporate shares must be owned by one ox mare minority person(s). 2. Controlled The primary power, direct ar indirect, to manage a business enterprise rests with a minority persons}. 3.' Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.6% 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. Section A - SP {Revised 9/18/00) Page 9 of 25 e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by 'a woman, a partnership at least 51.0 of whose assets ' or partnership interests are owned by one or more women, or.a corporation at least 51.0 of whose assets or interests in the corporate shares are owned by one or mare women. 3oint Venture: A joint venture means an association of two ar more _ persons, partnerships, corporations, or any combination thereof, founded ~ to carry on a single business activity which is limited in scope and direction. ~'he 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.OS interest, shall be deemed equivalent to having minority participation in 25.O~S of .the. work.... Minority _members of the joint venture must have either financial, managerial, ar technical~skill.s in~-the work to be performed by the joint venture. ' Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award era as follOW6: Minority Participation, Minority Busiaeaa Saterprise (Percent? PartiCigatioa (perGeat} 45~ Z5`~S 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 Pram Contractor to Contractor or from project to project far the sole purpose of meeting the Contractor s percentage is prohibited. 4. Comte 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 sha11 make bi-weekly payroll submittals to the City Engineer. fihe Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Pxaject. Along with the request far 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 ar to submit overall participation information as required. A-23 SaspectiCn Required {Revised 9/5/00) (NOT USED} m1~5~ ..11 F.. ...7 ...7... e 7 .7 '4. ~a+e .r-;.~-.~ , y fl~~s.i~ ... Y _ ,..e_~~' n.....+...h....-...}, _~ ~r _ ~, - r ate.. t.. n. ~. Section A - SP (Revised 9/18/00} Page 10 of 25 A-24 Surety Hoads Paragraph two (2) of Section 8-3-4 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 da business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (].0&) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%} of the Surety Company's capital and surplus with reinsurers} authorized to do business in the State of Texas. The amount o£-the bond reinsured by any reinsurer may not exceed ten percent (10~) of the reinsurer's capital and surplus.. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the -date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to da business in the State of Texas. The Surety shall designate an agent who is a resident of I3ueces County, Texas. Each bond . must be executed by the Contractor and the Surety. For contracts in excess of $L00,000 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 $100,009 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 Ex tioa IrTDT ZTSSA) ~a~ie~ee~~s~f ~'e~~a~ ~ee~he~ . • ~~~ke-6~~-n~cc=saxes. - ! ~ Section R ~ SP {Revised 9/16/00)- _ Page 1]. of 25 A-2b Su lemeatal Insurance Re iremeats For each insurance coverage pravided in accordance with Section 8-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: 2n the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material chap a to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Carpus Christi, Texas 76469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or,capies 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-I1 of the Contract, the Contractor shall abtain 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- 6-7.1 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for ar an account of any injury to any person, or any death at any time resulting Pram such injury, or any damage to any property, which may arise or which may be alleged to knave 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 ar other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Res oasibilit for Dania a Claime Paragraph (a) General Liability of Section B-b-11 of the General Provisions is amended to include: Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Contractor must pay all costs necessary to procure such insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance caverage. A-2$ Considerations for Coatsact Award and Sxeautioa 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: Section A - SP (Revised 9/k8/00) Page 12 of 25 1. Whether any liens have bean 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. Tf 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 far 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 Admix-i.stration Staff 'She Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in the day-to-day field management and oversight of projects of a similar sire and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract class-out procedures. The su erintendent shall be resent, on the 'ob site, at all times that work is bein erformed. 2. Foreman, if utilized, shall have at least five (5} years recent experience in similar work and be subordinate to the su erintendent. Foreman cannot act as su erintendent without rior written a roval from the Cit . Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in .writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award .may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineez concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract,.such a failure constitutes a basis to annul the Contract pursuant to section 8-7-13. A-30 ,Amended "Considexatioa of Contract" Re irements Under "General Provisions and Requirements for i'4unicipal Construction Contracts" Section B-3-1 Consideration_of Contract add the following text: sect3.on A - SP (Revised 9/18/00} Page 13 of 25 i~ithin 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 ar signed affidavits Exam the MBE firms, that such MBE firms meet the guidelines contained hexein. Similar substantiation will be required if the Contractor is an MBE. Tf the responses do not clearly show that MBE participation wi13 meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a goad 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. Yf the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award., Tn 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.pragress schedule must be submitted to the City Engineer at the pre-construction conference; S. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-3S-K, if applicable. 10. Within give {5) days following bid opening, submit is letter form, inforrnatioa identifying type of entity cad state, i.e., Texan {or othex state) Corporation or Partnership, and names} cad Title{s) of individual{s) authorized to execute aoatracts an behalf of said entity. Section a - &P {Revised 9/18/DD} Page 14 of 25 A-31 Amended Po1ic on Extra Work and Chaa a Orders Under "General Provisions and Requirements for Municipal. Construction Contracts" B- 8-5 Polic on Extra Work and Chan a Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "8xecution of Coatract" lte irements Under "General Provisions and Requirements far Municipal Construction Contracts° B- 3-5 Execution of Contract add the fallowing: xhe 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 Coxa.ditioas 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 Meetin referred to ~.a S ecial Provision A-1. A-34 Precedence of Coatract nocumeats 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. Tn the event of a conflict between any of-the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, standard Specifications, and General Provisions, in that order. A-35 Cit Water Facilities: S eeial Re irementa SNOT USED) Atta~e~~l- SeCCkan A - SP (Revised 9/18/40} Pegs 15 of 25 ~~1-•~~-~~e~~a~s-a~c~---eq~~~era~`ti rser~~~ ~~e-~e~a~~•, ~.. ....~.,~, j,r $1~,3:i~3~36~=~&ficfei3i 1~$~itCi•~~~t"3~~6k'~~ e'l33 ~ r --"- r r /~w wtnr /t rn t+\ a a, t Zzurvrj^itorrc~3iscics~~--v~'~{9'-E~E9$~•~33G~ -tE3 ~3 ...__.._...____ ___. r r r s a a aa...5 a. ~ + • a ..a.a st ~~: __ . r Section 1~ - SP {Revised 9/18/00) Page 15 0€ 25 , f I I I r I f f ! ~ ~ ~~~ca-y+~ '~~ ~~~'€twrarer.-~e•E~'~' .w ...f ......__ _F=_~ i 1 f I ^~ i i.~ -f-~•r-~~1 eaat~-• --: . ~_ . F.. ~1...-, n.-... J-.^ ...1- , l !~ ~e~~~Y~r~t@~:~~6gY'-$311-~-he-may ~:-..-~.-«. w. -.:L..=..._.,.....-~ I ~~ , r:., r. «, . ~. sn--^cc3e~-:c s- ~4'vtirsciacsz~.g~.:.t...~~ ....~-~------ -- - - - - ~. _., e~--tie r ~-'~a^ '~ F~~- _ A-36 Other 8ubmitta,l8 1. Shop Drawing Submittal: The Contractor sha11 follow the grocedure outlined below when processing~,Shop Drawing submittals: a. Quantity: Contractor shall submit number required Say the City to the City Engineer or his designated representative. The Engineer will retain six sets (seven if electrical) for distribution to City staff, inspector ~.~ arad Engineer's fi:ie. Cantractor sha11 submit the additional number required for return for his files, manufacturers, sub-contractors, etc. _ Section A - SP ;Revised 9/18/00} Page 17 0£ 25 b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Eorms: 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 farm. 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 limitatiazzs which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space far Contractor and Engineer review stamps on all submittal forms. I k~esubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report when specified in the Technical Specifications Section, Contractor must submit three (3? copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be ag~_ro_ved for use on the project. A-37 Ameaded 'Arran emeut and Char a fos Water Fnrriahed 3S the Cit " under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-7.5 Arran ement and Char a for Water Furnished b the Cit add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing ' conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." Sectioa A 6P (Revised 9/19/00) Page 18 of 25 A-38 Worker's- Com ensation Covera a for Buildin or Construction Pro acts for CaOyernment 1s'ntitie8 The requirements of ''Notice to Contractors `B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occu aac and Final Acce taace (Nvt Used? A-44 Amendment to.Section E-B-6: Portia]. Setimate8 General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with, documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Adviso Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs., The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day ~-:ree-rn~i~eate~i~ t~xe~epesa?-- A-42 OSHA RulaB & 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 & ~zold Harmless,- text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, ita officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the .city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-4g Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be .submitted by contractor as a basis for the price of the change order. Section A - SP (Revised 9/18/UO) Page 19 of 25 A-45 As-Built Dimensions and Dxawinga {7/5/00) {a} Contractor shall make appropriate daily measurements of facilities constructed and !seep accurate records of location {horizontal and vertical) of all facilities. (b} Upan completion of each facility, the Contractor shall furnish owner with one set of direct prints, marked with red pencil, to sksow as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (Z} 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} ~]eletions, additions, and changes to scope of work. {5} Any other changes made. {6} Horizontal and vertical dimensions of existing utilities affected, crossed or found during the coustruatioa. A-46 Disposal of High~~ Chlorinated water {x/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCE¢, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A-47 Pre-Conatruatioa lorato BxCavatioas (7/5/00) (NOT USED) ,. , ....-~~-~--J .-~_______ . A-4$ Overhead 8leotrica]. 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 Section A - SP [Revised 9/18/U4) Page 24 of 25 - provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work. with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended rMainteaaace Guarax'it " (8/24/00} Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-17. Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Carpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, .release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A~50 Technical ecial Provisions The requirements of "'Technical Special Provisions" are incorporated by reference in these Special Provisions. A-51 Contaminated Soils If, during the construction, an area is suspected of a high level of contamination, then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: 7.. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the- Contractox's responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill of excavations shall also conform to the trench embedment section shown on the construction drawings. 2. On-Site Stockpiles: Excess material from excavation, whether non-contaminated or contaminated with. any detectable concentration of contaminants, shall be handled in such a way as to prevent run-on, runoff, , and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean-soil berm covered with plastic around the perimeter. The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractox.. 3. Disposal of Excess Non-Contaminated Soil: The balance of any non-contaminated soil not used in backfill, shall become the property of the Contractor and .shall be hauled off and disposed of by the Contractor at the designated disposal site. 7. Disposal of Contaminated Soil: All costs associated with excavating contaminated snil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. ,~ SECti4n A - SP (Revised 9/18/00} Page 21 of 25 S. OSHA 'Training: Contractor shall be responsible for providing proper 05HA hazardous waste training that is required for construction personnel working in contaminated areas. A-52 Fences All existing fences affected by the work shall be maintained by Contractor until completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. There shall be no separate payment for removal, replacement ox' repairs to existing fences. A-53 Protection of Public and Private Pro ert Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outaide the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards a~zd parkinga when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roada, highways, ahoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site therecf, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. A-54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals acid other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A-55 Access Ronda Contractor-shall establish as~d maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project . Section A - SP (Revised 9/I8/OQ) Page 22 of 25 ~~ - A-56 Paz'kia Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with- public traffic, Dwner's operations, or construction - activities. A-57 Amended Prosecution and Pro rasa Under "General Provisions and Requirements for Municipal Construction Contracts°, B-7 Prosecution and Pro ress, 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 Inter date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed _ through a change order to the contract. A-58 Noise Control Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Woxk. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens ar barriers effective in reducing noise in the building and shall Conduct his operations to avoid unnecessary noise which might interfere with the activities of building occupants. A-59 post 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 ar in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not Followed. l A-60 Tam ore Draina a Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. bikes shall be constructed as necessary to divert increased runoff from entering adjacent property {except in natural channels), to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be E provided as necessary to prevent downstream flooding. Section A - SP (Revised 9/18/00 Page 23 of 25 A-61 Dewaterf.x~.g (NOT USED} R !I 6ii~-- Section A - SP (Revised 9/18/00) Page 24 of 25 SUBMITTAL TRANSMITTAL ~`ORM PROJECT: OATNBR: SNGIN~SR: C013TRACTOR GREENS400D WWTP Lift Station I rovements Pro'ect No. 509005 Cit of Co us Christi Urban En iaeeria SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAGPING SUBMITTAL Section A - SP (Revised 9/19/0) Page 25 of 25 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 22ND day of JUNE, 2010, 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 Austin En ineeriu Ca. Iaa. termed in the Contract Documents as '"Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,076,170.00_ by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: GREENWOOD WWTP LIFT STATION I1~ROVEMENTS PROJECT NO. E09005 (TOTAL RASE BID + ADD.ALTS.#1,#2,#3,#4: $1,076,170.00) according to the attached Plans and Specifications in a good and workmanlike manner far 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. E~bl ; 4/ 1B1@ 15: 46 8255802 ENGIhIEEF2ING PAGE 05/ 15 • f~~ilt~IDpD' wwTp LI3~Y 8s7- '1'ZgH~ 8 ~ao.3sez no. saooo~ ' ~s a m _ ss r=r ~ v ,~ gam ~ am ~~ a~rr~ss~ ~s , varrs~ assc~rrr=v~ ~ c~rrr ~ s 1 1 Bonds an ~ 3nsuranae, cot~lete ~ Cf ""•'~ LS ire lace er L8 ~ 2 1 4~iove in-:dove out, co~gplete in _ ~ - . r. ~? L9 lace e.c LS ` p~ E I ~ ~~f U~~ 3 4 New Wet ?it su~aer®ib].e Pumps, ., ~ EA c bete in lace er EA ~ _ "' 9 10 Remove a•sd Replace Pip Haws, ~ . („~ FA com lets i3~ lace er SrA ~ ~ 5 6 Core Drill for 3,4" D.Y.P., ~ g~ c fete in S.ace er F.A ~~- $ ~ 6 4 Corey I]x'iLl for 12" fl.I.p., ~ ~ $ E,A ea Sete iti lace er Eil, '- 7 6 Reraeve E..ciat . 12" Wet Wel3. " L FA Pip3ag a.id Replact with 1 ~ * ~ ~ ~Sj ~ P'tfC cam?let® in Lace er ~A ~~ 8 ~1 Resaave E Lxat . 12" ~Qet ~Vei1 , E7'~ Pip~ag 8: td Repla~~ with 12" . ~ •. ~,L~' PVC. CoIYC'~lete iri laCO e~ EA $ 9 S lnsta~,~. : iew 14" D. Z . Long ~ ~ EA Radius 9 )° Sends, camplate in .-~ f ~ ~ "~ - ].ace e. EA 10 4 Iasta3.l :yew Z2" D.I. Long ~ ~ EA RadS.us 9 1° Bends, aompl+atr° in ~ ~ .- ~ lace e:: EA 11 6 Remove E;~ist. Valves cad ~, Piping acid Construct New Header f.:oaa 14" 9Q° Head, ~ ~~ co ZBte in lace er EA 12 2 Remot*s E::cist. Valves, aad- ER Piping a;~d Construct New ° ^ Benda, Fieadwr f.-om 12" 90 S ~ ca late isa face or EA 3.3 2 Remove B:~si.at• valves and EA Piping avid Construct New y :, - ~: , kleedex w itta ExaBZ'q. 8ypaes fee, V i ~ ~ [ , , nom ,late in i8ae er EA ADD$N~UM Nb, 1 ATTACliNENT ND. 2 page 3 a~ 9 R1~I9A'D PROPOSAL FOR[~f ,page 3 of 9 05/19/10 FRI 15:58 [TX/RX I~i0 815].] ~~ri~rleln 35: 4b 8263862 ENGINEERING PAGE 10/25 •6lDQD 1ii1'~p LIFT 94'~1'lIC~ ~QViS&!O'1~8 P~JSC'~' NO. ~0900b ' ~~ m~ ` = zt xll ~v : v nrrz ma ~ ~ x~ n~s ~~~ ~ ~ tar cs ~ c~ss1. 5~ ~ . 14 1 Relocate Odpx Cvntirol duct LS Piping. <':pmp>.ete iz~ plats per ,~. ~ (~~ L5 S 15 1 Electrical { Tnaludi.ng Iaaw LS Cable TrF~ ) . Cooaplete in ~ lace y p ~' ~_'' r f ~,c~~;- ~ ~ ~-~~ ~~~- ~~ ~~ ~ . lfi iD Remvve and Replace 3* Guide EA Rails ~ E~rrcess., complete in EA ~ S ,- _ f~C% ' p}.ace ptr 17 Y T S Painting of Pi~piag, complete lace er LS in $ E p p 18 50 Repafr Er.~.st. P3.astic Lj,~IQ~' a8 5E' Neceasar~, ao~nplate in place ~ $ C~ per SF 19 1 Clsat~ outi Lift Station ~'ioox, I,S .template i.n place ~Ser L8 i~ $, ~ ~~'~~ 29 5L2 R®p7,ace G:aly. GrBtirig with New SF b'Rp Grating, complete in place ~' $ Lac'' pez SF ' --- ~~, ~ t ~~ o /• ~ ~ C1 ~1 ~ _ _. 21 1 Rypasm Piping snd Pwmpi.i~g, " ~ LS .complete irs place per LS 22 Z [3tila.tl- P..l.lowance t~ndstoaey L5 Allaxs~a~) r ' complete in place L~ ~ $ ~ ~ p®r LS ....~ `, ~~~ - '1~0'~. BASC Sala $ { (sus S - 2P~ i~1DTE: •rhe above ucxit pricE a must include all labor, rnate~xials, hatili:[ig, removal, overhead, profit, inaurasaCe, BtC. , t~~ cover the finished work of the several kinds Called fo7: and the Owner reserues th® right i.o iacreaae or decrease the quantity of any bid stern. The above quantities are approxixaat®, include axx additional 5$ ix~ 'ca4ae caeee, and ~nax vary Pram the final quantities. Aa nit ozozder material. based ors these at~t~rbxi.mate „c~santit~es. - ApDmNflUM ~d0. i ATTFiCH~NT' Nfl • 2 page 4 of 9 REYlBF.D PRdPOSAt. RORi~9 Qage 4 of 9 45/19/lA FRI 15:58 [TX/RX NU Bi513 U:l~ 1 •-ri LrJ J, CJ 1 b: 4b iiLb,it'+1~'L ~~Cl~~E~~~N~ T !1 ZI ~ ~ ~ ~z ` ~ ~i-~ ~ ~s ~. x rr s~ ~ ~ r,,,,,ms v~arz ~A2 --1 6 . G!D~ 111!'1'P LrF1' 8'AI'1'ZC~ ~~{~NT~ P~O~CT' MO. ~04403~; l1DD;Tl'Vi a1L'l'i~1ti11'~ ~i0 ~ 1 f~t~Dys l.~8fiz~ ~ :'~tl0~ UiR ai~ZCd ai-TS Yrt rv v New S1ui~:e Gate ti~~Lh ~leastriC PAGE 11115 ACtuatar ccanpla~te ire, plane per ~ ~ ~ $ © • 00 ~o~u, ADDx'rN~ ~-t~t:w-~ arc. ~. $ _ -T Vr ~Dn~A p teen a~et ~-i~ ~nzsrvs nis~-~ea ~! ~ rx= rv v l~evt wet 1~iiC SLib~itersible Pumps, ao~i~te in place ex LA j '~D S . TaaTl~-T, AA'pTTIVE ALTF~~7 1'~D. 2 $ ~ . ~ ~ ['ADD I7.'~IL Ai1l2~1~ . ~~ l!1l~PJ[ V,L9~9 ~~ VfLVIB x xr Y=r zv ; v am o i cmRr r~efr -ss~ sx~s~raK 1AgTT ffi3~P1`IOM alt d „[~1'! i saw+~- -; AP,,3^1 6 EA. Naw 1!" t~ha3ck Valve, cae~lete is lace der EP. >~ $ ~ ~ ~~?: t~D AA3-2 6 EA Nei 1! ° F•iug Valve, complete iaa lace er EA ~• ~ S ~ ' ~ ~ ,A,A3-3 ! FA Neva 18" C,healc Valve, ooanplete .iss lace r Flq ~. ~' 'gip S ~~ : ~0 AA3=4 ! EA ~tevr I2" F'lug value, co>Qalete in lace z EA Qf?0~tin g •v~ tozP~ wflrTZ~ ~ ~ 3 ~ , ~ 0 [SAD ITP.l1 J-A3-1 to ~` ADn$ND~M Np. 1 ATTAGIiMEI~IT td0. 2 Page 5 of 9 R~rV=$ED gROEDBAL FdINS Page 9 of 9 p5/14/1.0 FRi 15:58 [TX/RX NO 8151] ~5II412O1O 15:46 8263802 ENGINEERING PAGE 12115 -~~NIMOpD 1111'1'P 7aI!'1' ST7!'1'I~ L~"AW~i'1'$ ~T SRO. iR09005 ~s~r~ve ura ta+Q. ~ ACCl~88 DOOR 4~i~1TI1~G PAL NOTE: Th® above unit ~Sri.a~•ra mu9t include ail. labor, mat~ariala, bailing,. renio~val, overhead, ~prof~.t, iasurancs, etc., t3 GO4eS the fz.t~i8t~ed araxk of the savexal kiz~ds aa~.3.ed for and the Owner resexves the right ':o ~,nc~rea9a or deCx'ea8e the qu~nt3.ty of any bia item. The a3~ot*e c7uantities are approximate, fttalude an additional 5~i in ;some oases, as~d may very frost the final quantl.ties. Do not ordex material basad_ ox~ these a toxirnatm-auax~titiea. QF NM'PP LIPZ 9TIk'1'IOM ~111'S . PR0.7~C'~ MO. 509005 STD SWl~i1R= C~ "'~ ~•. c~, TOTAL 8AS1E HIn (Sid Itese~6 1 thru 22 j $ . ~ ~ .~; l !! ~ ~' (Si,d xtei[t AAl-1) A~rrrvs az~~ ryc . ~ {Bid Retie AA2-1) AbDTT~ ALTS S0. 3 (Bid Items AA3^1 to AA3-4) AUDS'1'TM'r AT.T~iTP Sf3. 4 (Sid ~tetQ A144-1) A,DDf~;~D~1M NQ . I ATTACR~I4T b70. 2 Page fi of 9 R'EVI9SD PAOFOSAL FORM Sage 6 0~ 9 D5/14/14 FRI 15:58 [T1K./ItX INTO 81513 ~~~~ ~~ ~ l 5 ~ .. $ ~~ to~~.Di1 ~.~ '1'O'1'1~+ 71gD~'J.'li1H ~1L'1'9~11AR'ri NO. ~ ~ ~ ~• ~~~ ' - ~a~pa xis ~-a~ The Contractor will commence work within ten {l~) calendar days from date they receive written work order and will complete same within 160 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST; City Secretary CITY OF Juan Perales, J~ , P.E. Assistant City anager Engineering/Development Services APpROV~n As To L~c~,L ~: ~ - i S-~ ~ Sy : ~~-~ Asst. City orney ~ ~- - ;S;q~-~~q~ d Jessica Etziar, Asst. Secretary (Nate: If Person signing for ~ ,~ corporat#on :Es nat President, _~ attach `copy: of sathor~taratfoa t~ to 'sayn) y ~ w. .~~. ~ ! ~~ `~, ~ti ,~ ,:~ ' By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Auata.n E i Co . Inc . By: Title: Travis W. Keller, Vice President P.4. HO]L 342349 {Address? Austin, TX 78734-2349 {City) {State){ZIP) 512/327-1464 * 512/327.1765 (Phone) (Fax) ~~~ ~-- ~ ~u~~nR~z~ ArH.~4f.... ~ ~~ SEG~f?' Resolution of Corporate Autktarity I,~essica A. Etzler~{name}, the undersigned Assistant Secretary of Austin En ~ eerin Co, Inc. {name of corporation} the "Corporation", hereby certify that: The Corporation is duly organized and existing under the laws of the State of Texas. The foIlowing is a true and accurate transcript of a Resolution adopted at the ~une 29~, 2p10 {date} Board meeting. The Corporation's Board of Directors adopted the Resolution, which is contained in the Corporation's minute book, at a duly authorized board meeting. A quorum of the Corporation's Board of Directors was present at the entire board meeting and all actions taken at the meeting complied with the Corporation's charter and by- laws. The Resolution has not been amended or revolted as of the date signed below, and remains in full force and effect. Resolved, that Travis W. Keller {name}Vice President {title} of Austin Engineering Co., Inc. {name of corporation}, is empowered to sign any and all documents an behalf of said Corporation. Co4pus GM1e<i~'}+ Resolved, that all transactions with the City of ~ast,~ involving a contract signed by the president, vice president, or any other authorized of£tcer of the Corporation, in its name and far its account, prior to the adoption of these resolutions, are hereby ratified and approved for all purposes. Signed and sealed on uT 1,~, 2010. {Seal} STATE OF TEXAS ~ COUNTY OF TRAVIS ~ ~ ..rs~ Assistant Secretary ACKNOWLEDGMENT Before me, Monica White (name) the undersigned Notary Public of the State of Texas, on this day personally appeared Tessica A. Etzlex, [choose one} {known to me}, to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that s/lae executed the same for the purposes and consideration therein expressed. Given un s~.h, ^~;~; cv day ofd, AD 2010 . *Copy of Corporate Resolution and minutes with certificate of officer of CONTRACTOR as to authority of signatory to bind CONTRACTOR is to be signed, dated no earlier than one week before the date of award of Contract, and attached to this document. ,. .~ -~a~~ y 11f01VIGA D. WHITE SEAL'} ~~ *" MY COMMISSION EXPIRES MsncE, ai, 2o~a g~4f"~~, Notary P ex s ~5r ~ ~~~ za18 ~ ~: as 8263802 ENGINEERIi~IG PAGE e~~ ~ 5 DE~tfiR~EN'F OF kNGINEERTNG SERVIC~$ CIT7C QE' COR~'US CSRISfi2, fiEXAB R'~~n~a pRa?OSAL f ©Rm PA6U 1 OW' 8 P R O P O S A L F O R M F O R ~RE~:N~QQ~] NNTP LI!"T STATION IMPRO~TL~"l~N'1~5 Project i~o. LOi9005 ADDENDi~M N0. 1 AT T,ACFIMENT NC . ~ Page 1 a~ 9 D5/14/10 FI2I 15:58 [TX/RFC Nfl 8151] iII ~5~1Al11~1~ 15:46 8263862 ENGINEERING- PAGE 08115 iE I P R O P O S 1 ~, Puce: Austin, TX Dafie: May l9, 241.0 Proposal of Austin Engineering Co., Inc., a Co~~oxat~.ori crganized and exi'st,ing under the laws of the S :ate of Texas OR a Pe:..rtx~ersh~.p or Tndividua]: doing business as TO: The City o:;: Corpus Christi, Tex3e , Gentlemen: The ut':dersa.gngd hereby proposes ~a furtti,sh ai?. labor and materialsr taol:r and necessary equipment, and tv perform the work regv.ired for: QR~1~~00~L! ~III~R'p LIFT 9TA'1'IDR I~'~t~iTm11~TS pxo~®et No. E09~0$ at the ~.ocation.3 set out by ~-he plans and specifications and in strict aeeardan~.e witk~ the contract doet~ients for the following pri.CeSr t4-wit: ' It~V~19$D PROPOSAL k'4A'N! PRGa Z OF 4 ~A,DOENDDM NO. 1 AT'x',A,CHl~ENT NO: 2 Pa.ae 2 of 9 D5/14/1D FRT 15:x8 LTX/RI[I~U 81513 I~b1 7 4/ 1010 15: a6 8263802 ENGINEERING PAGE 09/ 15 4"RB~iIiDOD 1~WT>P LIB,' BTAT~03N IIfPRQV3~iT8 PRQJBCT NO, =0905 ~~ Sss I ~_ =It ~ V HIa ~ i T ~Ct HID Iz'~L F~LT~1i81+041 >~~ DiSC~IlIPTZ~ tC'1'7[ ~ i~I'S' ~C9 ZN 8Y~81 1 1 Sands ani %nsareace, aomplete ~ ~ -"~' ~ LS in Lace er L~ - 2 1 Move in-~~love out, co~gQlete in ~ ~ ~ ~ LS lace e.c LS ~ S~ ''~+-~~ ' - f.~ ~~/ ~~~~~~ ~ 3 4 Neer 6tTet ?it Submersible Pumper ., ,~ EA com ,1®te in lace er F.A . $ 9 30 Remove a•ad Replace Pw~p Sasesr ~ ~ com lets iA lace er Fri $ ~ 5 6 Core on Ll ~'or 14" .D. I . P. , ~ ,~~'! ~ Eai c lets ire .ace er k'.A ,:~.- ~ 6 4 Core Dz•i I.l fax 12" D.I.P. r ~ ,) $ EA c lets in iaac er FAA 7 6 Remmove E,:sist . l2" Wet Well. FA PSp~.ng acid R®place with 1~" ~ $~~'~ l~~ PVG, cem~lete in lace er ~,~ S 4 Remove Eix9t. 12" Wet wail ~]# Piping a:~d Replace vrith 12" ~ ~~ ~ PVC, eem~•~lete in lace er F,A ~ 9 6 EA lnsta3,J, ;sew 14" ~7. ~ . Long Radiue 9 )° Betide. complete iiz . Z $ ' Race e.: H~A 10 4 InstaJ.l : aew 12" 17. T . Long - ~ EP, Radius ~ ~° Hands, aamplete in . ~ ~ l ~ ,- ~ ~ lace e;: EA lI 6 Remove E;cis~E. Valaes atsd EA pip?,ag a.~id Co7is'~ruCt New Header ~.:or¢ 14" 9Q° Send, .~-- ~ ~~ com late in 3.ace er EA 1Z 2 Remoete E::rist. valves astd EA PSgSng avid Construct New • ~ H~aaar ~.~am 12" 9a° Hands, ~ • $ ~~ ~ ~~~~ co fete i.n lace er EA ~ 1.3 2 Remove E;;ist• va~,ves acrd IA Piping avid Coxistsua't New kieade:c with TLmez~g• SypBSa xee, ~~~ ~ ' ~ ~' ~,i ~ ~ `~~ _ com •iete ~.n leas er E~ ~ ~" ' . AD~EN~IJM N0. 1 ATTACFILHEIdT ND. 2 Page 3 of 9 I~VI91riD PROPOSAL FQktM Page 3 of 9 05/14/10 FRI 15:58 ['CX/RX NO 81513 n~/14~L~lYI 15: 4b 8263802 ENGINEERING PAGE 10115 •GDOD ~!'1'P LIS'P 9'i'A'1xGl1 STS P~7EC'1' tiD. ~OSp05 ' s~ yam ,B-j-m ~ ~_~ ~m_ xis spa=axe r~ L1~I$' DHSCR~PT?C~ tQTY ~ flNTT ~RtC~ Z1i F~, mss} 19 1 Rezocat:e odOx' Cotltsol Duct LS ~Sping, c':OSeplBte its place per ~ ~ ~ 15 1 Electrie~~l (Tnc].ud£rig New ~ ,( LS Cabls Try y1 , eoinplete in ~plsce 1 s ~"' ~)l ;f ~ ~ ~ ~ (`3t'1 ~~'- ~ ~ ~ er LS ~ , ~ $ tfi to R®a~ove and replace 3" Guide EA Rails ~ E•.ccess., complete 3.n la e EA ~ ~ ~ c-~`~ (~~ ~ $ ~~~ ce p r p {. _ ~ J.7 Y Tay Painting of ~'apiag, conflate in place per L5 ~ ~~~-, S ~ ~ _ , . 18 50 Repair Er.ist. Plastic Lz~es as 5F NeceS.SAr~, compl®te i~ place per 3F E $ l~ 1 Clear: out Lift Station Flopz, ` ' ' LS •coa~pXQte 3.n place per L8 c.~ ~ ,+ $~ ~~~ S. a~ ~">~ 24 512 8eplaoe G:aly. Grating with New SF FRe Grating, complete in place: j~ 21 1 BypaaB E'1 p~.ng arsd k'i.X1i1PJ~.7~CJ, • ~`~! G~}~1 ° / ~ ~`~ $ I.S .Complete in piece par LB 2.2 L tJtf.lS.t~- A.llawanr~e f~atoxY LS P r Lawa,aae~) . ' complete in pleas ~ ~. L ~~~~~ L ~j ~ ~ ~~ ~"OTJ~S, ~m HAD # /_ ~;_~~. -~ - ~Itama 1 - 27) - 'TOTE: •P3se above unit px$CE 8 must include all labor, xnatez'isls, bail9,xsg, rentorral, overhead, profit, insurance, eto. , t.~~ abovr tihe finished work of the s®varsl kir~da oalled fox and the Owner reserves the right i.o i3ic:Cedse or decrease the quantity of any bid item. Th®`above quantities are approximate! incl,cde ax~ ad8itiorlal 5$ in ,some cases, axed maX vary from the final quantities. Da net ozdex matera.aJ. based on these a~,pr`axirnate guantitxes. ADDEbTQI7M CIO. 1 ATTACHMENT N4. 2 Page 9 of 9 RLr1T2SaD PRQP05AL FORM Page 4 of 9 05/19/1:6 FRI 13:58 [TX/RX ND $15,1 u:,, ~y, ~~~~ ~~: ~b c~xb~~eX ENGTNEERTNG PAGE 11f15! G'oCD 119i'1'P LT83' S'AL'P~C~ Z~ACVEI~'~i'T'S P1iG~C'~ ~. SO9CS15; ADD*TZVB ]IL'1'i11111E'$E 110: ~ Rm~VS ~.1CZ$'1~ Alm ~#lIQIVDB ~ 9l~tf~Gd 1y-TB T II III N' V ~ Y ~ u ITT ~ 8ID IVES ERT~31AI0~ _~ TA1i'i ~~~~~~~ tc~r ~_ ~~ ~ ~ azrs~sl AAZ-~. 1 New Sluir,e G~ta tirith ~lectria LS Actuator ca~nplete isa place Per ~s ~ ~ ~a 000. ~~ sarrw r~nDx~rvg ~-s.~ ~ i $ ~~ y ~ t~ tem air i~-x) ,#DDI3~=V8 ALTE~TiC E1d! ~ I TI III e~r~e N Y STD ~~ ~ i ~T : ~BC~J?TIOla VL1iT ~~ Z1f r B HID I ~R 1BI0Zi (~[ ~ U1f2T ~a AA3^1 6 EA New i4" Check Va],ve, caanlolete i.rt lane per F.~i ;~ S ~ ~ ~' DD AA3-2 6 EA New 14^ E'•lug Yd1ve~ complete in Lace er ER ~.~ S ~ ' `~~? ,AA3_g 4 EA New ].2" C,heak VaI3-®, complete in lace ~ r EA ~. .~fa S ~5y :~C> AA3-9 4 EA stew 12" E-lug Valve, complete i~ lace ex EA ~3f?D ~ "c $ >a r "1'GTAL ADfl2'1'iV~ AL',L~~'~ ~ 9 (BZ'D ITP.ffi 1-3-3~1 tP A,3~4 $~ P31OPO9AL FQP,M Pages 5 of 9 05/14/14 FItI 15:5$ [~X/RX NQ 8151) q .CO rna~HavM No. 1 ATTACHM~iST NO. 2 Page 5 of 9 . TQT,l~L, AtiDTTTVB AL3' I1D: 2 $ ~ Jc ~ , E?D ~ ~ t? (F~tD TTi1S ~'~2-1) ADD~1'Z{R 1lTa~ 1i0.=' ~ l~RK C~lC~ ~LZIElS SUID PL~I[i VaL'Vi8 05/14A2010 15:46 8263802 ENGINEERING PAGE 12115 -aEEl~00~ 144iTS LI!'1` ST7-TIC~I~'ROgS1~',L'$ ~d.7ECT ~0. S49dQ5 ACCESS DOOR 6Ct71TI1Q6 BA~L NO'~E: The above tu'1.it ~ricr•~a rnu5t include ail ].abox, mat~ria~,8, ba~.~.ing, remo4al, overhead, profit, iz~auzatiae, eto., to cover the finished work of t~-e $evexs~l kinds called for and the Owner resezves tl'Le right ~;o ~,ccrease ar dec7~eage the au~nti.ty of any bid item. The above gtiantitiea are approximate, f.s~GlttdB an add~t~.es~al 54~ in ;some tsases, and may vary Exam the final c,~uantxtie+s. Era riot ordex mst~eria], based on these a~iaraxi.ma~q~uar~ti'~3.es. Qf 117PrQ IrIFT 8T1k'1'Z0~ ~RGFVF~iT3 ~ . PAO~CT MO: SQ900S 8ID StA~1RY ~~~_, ~rcx~e~, ~sn sin t~s~ ~te~~ ~ thru 22) ~ ADDITIVk l1t.T~,RlA',¢$ ~I'C . 1 (Bid Item AAl-1) ~nx~aGVg ~aa~,~~a ~c : 2 (Bid Its AA2-1) xcnx~~-a A~~ NQ . ~ (Bid Ttema AA3-1 to X~iA3-4) ~s~rv$ u-~ moo. a (Hid ztem AA4-1) Ao~~~or:ss rso. i ATTACiIdT N0. 2 Page 6 of 9 REiRS1gD PRDP03AL FDRM Page .6 of 9 05/14/10 Fitl 15:58 [T%/RX HO 81511 ~ fug ~~ }a ~~ .~ '1'Q'1'u+ i~-DZ'PxYE a1L'.~'8i~A1-7.'g 1910. 4 ~^ ~ GJ: ~Q~~[1{~ I ~HrD xis AAi-•33 ao~~w~~ese 15: 4b 8268802 ENCaINEERING PAGl~ 13f18 The unddre• ig~rted hereby dealaxee that he `has v~.sited the' site and has carefully examined the plans, specifications and aor~t~ract doCUmenta raiatiz~g to the work covered lay his oid or bi.da, that he agrees vo do the work, and that no repxasentati.ons Sande try t>ne City are in any Sense a warranty but axe mare eetimat®a fox the guidance of the Co3itxactor. Upon nptificatien of award of aantract, we~,wiil within tea (10? calendar days ex®cute the forma:.. contract acid will d®liver a pes~,~GrmaaCe Sflnd (as raquiredyfar the faithful per~ormanr:® of this contract an,d a Payateal} 15onc3 ins requiredy to insure payment fox all laiaox r.,ad 3a81EriaZs. The bid band attached to this proposal, in the amou;7,t of 5b of the hxgYsest amount bid, is to become 'the property of ttte City cf CQrpuB Cliriati itl, the event the Co1ltr~at acid boi3da are tot eXeGU'ted 4tithirx the time above set forth as liquidated da3negea for the delay and additfor~al work caused thereby_ t45.fiori~/llEslaoa~iEy ~ss~.Alas BatASprsse PaxGi+aipatiooae The apparEnt lour bidder et-all, >sithin f:_ve days of receipt of bids, at~it to the City Et}glnaer. is writfag, the nanuas axsd addresses of M8E firma partici.pgting 3,ti the aar~trant sad a description of tl~e week to be perforated and itS dollar value for bid e~raluation purpose. i linabsr a~ t~iq~sed 8ote of Doat~ts: The rb~itraat and all boxids will he prepared in not less thcri Pour aaarieerpart (orfginal 9ignedl sets. Time of Gas+plat.3.azi i The undersigned agrees ; to complete the work within 100 Calwndaat >d~a iinclud9.nq any of the add~,tS.ve alternates, if awardedyfrom tree date designated by a Wor3~ O:'der. 'Phe uadersi~ied further declares tt3at !ie will provide all n®eessary tools and apparatus, da a3.1 tl'~e work and furnish aI1. aiateria7~~9 ~ and da everything required to .arty out tkie above mer~r:ioned work covered by th#.8 propa~ral, in strict aacordaace with the' contract documents sad the regvirentents pertain5.etg thereto. for th® sisir or sums shove set forth. Receipt of ;fie following addenda is acknowlec~g®d {addenda riumberl: 1, 2 Respectgu].lys Nine : A ~x= (9iiAL - IF 13xDDEi~ IS 'a Corporation? Address: NdTTs: do noC detaeh b$d from athe7: gap®ra. Fill is with ink nerd 3tstaod~it cost~lote with attaeshed papa: ~a . fi erino Co., Inc. 42349 3317 N RR 620 ' (treat 78734-2349 TeieplZVZ~ee (5 2 327-1.4 4 (Revi9ed August xaaol ~VISB~ ~40F08RL FOAIK ?AGE T CF 9 ADDENDUM l!30. 1 ATTACHMENT N0. 2 Pane 7 of 9 05114/SO FItI 15:58. (TX/RX ~0 8151] P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES § Bond No. 9295010$' KNOW ALL BY THESE PRESENTS: THAT A_u_stin Engineering Co., Tnc. of TRAVIS County, Texas, hereinafter called "Principal"~, and__ Continental CasualtyCornoanv , a corporation organized under the laws of the State of Illinois ~~, and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City pf Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE ~dILLION~_ SEVENTY-SIX THOUSAND, ONL HUNDRED SEVENTY AND NO/100($1,076,170.00) DQLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, faintly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 22ND day JUNE 2010 , a copy of which is hereto attached and made a part hereof, for the construction of: GR$LNWOOD WWTP LIFT 3TATxON IMPROVEMENTS PROJECT NO. E09005 (TOTAL BASE BTD + ADD.ALTS.#1,#2,#3,#4: $1,076,170.00 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 far 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. f 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 5.60, 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 wham 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 WHER~;OF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 28th day of June 2010 PRINCIPAL Austin By: Travis ~+,V. fifer, Vice President Print e & Title} ATTEST ~~~ -A. ~"~'Z~l6.IZ . S~C12SL^~ I (Print dame & Title} SLFRETY f ~ Continental Casualty Company 333 S. Wabash Avenue, Chicago, Illinois 60604 ~ _ ~, Attorney-in-fact David S. Baflew, Attorney-In-Fact (Print dame} [ -The Resident Agent of the Surety is Nueaes Count 1'eacas, for delivery of notice and service of process is: Agency: Swantner and Gordon Insurance Agency, LLP Goatact Person: Mary Eflen Moore Address : 500 North Shoreline Blvd., Suite 1200 Carpus Christi, Texas 78401-0361 Phone Number: Office: 361-883-1711, Fax: 361-844-0101 (t~OT~: Date of Payment Bond must nqt be priox to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 ~. P E R F O R M A N C E B O N D Bond No. 929501087 3TATL Ol' TEXAS ~ COUNTY OF NEiECES § IQVOW ALL 8Y THESE PRESENTS: THAT Austia _Ea iaeeri~c Cv., Iao. of TRAVIS County, Texas, hereinafter called "Principal", and Continental Casualty Company , a corporation organized under the laws of the State of Illinois. , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of ,Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE MILLION SEVENTY-SIX_THOUSAND, ONE HUNDRED SEVENTY AND NO/100($1,076,170.00) 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: TSE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Carpus Christi, dated the 22ND of ~]'[JNS , 2010 a copy of which is hereto attached and made a part hereof, for the construction of: GREENWOOD WWTP LIFT STATION I)d~ROVEMLNTS PROJECT NO. E09005 {TOTAL SASE BID + ADD.ALTS.#1,#2,#3,#4: $1,076,170.D0) 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 band, 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 7. 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 wham service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-Z, vernon's Texas insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which sha11 be deemed an original, this the 28th day of June 2010 PRINCIPAL Austin Eng~u By:~ Travis W. Keller, Vice President (Print Name & Title) ATTEST (Print Name & Title} SURETY Continental Casualty Company 333 S Wabash Avenue, Chicago, IL 60604 ~ , By : ,~ Attorney-in-fact -. David S. Ballew, Attorney-In-Fact (Print Name) The Resident Agent of the Surety in Nueces County, Teacas, fo:r delivery of notice.and service of process is: ~~~ Agency: Swantner and Gordon Insurance Agency, LLp Content Person: Mary Ellen Moore Address: 500 North Shoreline Blvd., Suite 1200 Carpus Christi, Texas 78401-0361 Phone Number: Office: 361-883-1711, Fax: 361-844-0101 (NOTE: Date of Performance Bond must not be prior to date of con tract)(Revised 3/48) Performance Bond Page 2 of 2 s ` ~ t ~-~ °® CERTIFICATE OF LIABILITY INSURANCE DA7E(MlwnDmrrY) 7 9 2D1D PRODUCER Phone: 210-222-23.61 Fax: z10-2zz-Ifile THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Catto & Gatto LLP HOLDER. THIS C1=RTIFICATE DOES NOT AMEND, EXTEND OR 217 East Houston St . , Ste #100 ALTER THE COVERAGE AFFORDI=D 131 THE POLICIES BELOW. San Antonio 'i'X 78205-18D1 INSURERS AFFORDING COVERAGI= NAIC # INSURED INSURERA:W usau U rwriter In Austin Engineering Co. Inc. ws13RERB:Znter tats Fire Casualt Co P.O. Bax 342349 ' INSURER C: 78734-2349 Austin TX INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AHOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITS RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. l~GGREGATE LIMITS SHOWN MAY 'HAVE BEEN REDUCED BY FAID CLAIMS. INSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY E7(p1RA710N WITTS j~ [3ENfRALLFABILITY YVJ29145229DD4D 7/1/201D 7/1/2D11 EACH OCCURRENCE $ 1 DDD DO X COMMERCIAL GENERAL LIRBILITY PREMISES E8 occu D ce $ 15 D D D O CLAIMS MADE ~ OCCUR ~ MED EXP An one person} $ 5 0 O 0 PERSONAL 8 ADV INJURY 1 D D D O O D GENERAL AGGREGATE $ 2 OOO GEN'L AGGREGATE LIMIT AP?LIES PER: PRODUCTS - CDMPIOP AGG $ ~ DOD O O POL[CY PRO- LOC ja AUT OMOBILELIABIWTY S~7Z91452290D20 7/~/2D10 7/1/2D11 COMBINED SINGLELiMIT D D D O O D ~$ 1 ~ ANY AUTO {Ea accident) , , ALL OWNED AUTDS BODILY INJURY $ SCHEDULED AUTDS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-0WNED AU705 (Peregcldeni) PROPERTY DAMAGE $ {Per accident} 6ARAt3E LIABILITY AVTO ONLY • EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ $ EXCESSlUMBRELLALIABELITY PFXDOD31515968 7/1/2010 7/1/2D3.1 EACH OCCURRENCE $ 8 DDO ODD X OCCUR ~ CLAIMS MADE ~~ AGGREGATE $ 8 ODD O D D DEDUCTIBLE $ RETENTION $ D $ A WORI(ERSCONPENSAT[ON WC~Z9145229D01D 7 ~./2D10 / 7 1 2D11 / / X WCSTATU- O7R- AND EMPLOYERS' LIABILITY ANY pROPRIETORlPARTNERIEXECUTIVE Y j E.L. EACH ACCIDENT $ ~. D O O D D - ^ DFF[CERIMEMBER EXCLUDED? {Mandatory in NH) J E.L. DISEASE - EA EMPLOYEE $ 1 D 0 D Q 0 D If yes, describe under SPECIAL PROVISIONS balgw E.L. DISEASE -POLICY LIMIT $ D OTHER DESCRIPTION OF OPERAT10N8! LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT! SPECFAL PROVISlDNS roject: #E09005 Greenwood WWTP Lift Station Improvements e City of Corpus Christi is included as Additional Insured on General Liability and Auto Liability as required by ritten contract. / City of Corpus Christi Engineering~Services ATTN: Contract Administrator P.O. Box 9277 Corpus Christi TX 78459 cannon ~r r~nnarn~- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLER BEFORE THE EXPIRFITION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE i,EFT, BUT ~'ATLURE TO DO SO SSALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHDRFZEO REPRESENTATIVE ®1988-2009 ACORD CORPORATION. All rislhts reserved. The ACORD name and logo are registered marks of ACORD a IMPORTANT I# 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 WAIVi=D, subject to the terms and conditions of the policy, cerkain 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 knsurance 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 af#orded by the policies listed thereon. AGORR 25 , , y i .~ E1/1DENCE OF PROPERTY INSURANCE ~ ~%~.4lzoi o' THIS EVIDENCE aF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIiE3 RDDITIONAL INTEREST NAMED E3ELOV1f. THIS EVIDENCE DOE$ NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGI~ AFFORDED SY THE POLICIES BEt_OW. THIS EVIDENCE OF INSURANCE HOES NOT CONSTITl3TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUT#10RIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. A4ENGY PH .210-222-2161 COMPANY Catto & Catto LLP Federal Insurance Campany 217 East Hairston St., Ste #100 San Antanio TX 78205-1801 I F~ .,_ ~~ n_a~7..'I ~i I s~ Q~~ca. ,scalesC~catto.com I ---- - •AU.711^1 INSUREq LQAN NUMBER PBLICY NUMBER Austin Engineering Co . Inca 1/ 06622915 MS . Susari Grim yr EFFECTNEDA'fE / EXPiRAT70[dpA P.{7. Hox 342349 a 7/2/2410 / 7/2/2011 T RMINATEDIFCHECKED Austin TX 78734-2349 THIS REPLACES PRIOR E1pOENCE OA7E{7: 1541 Sarataga Slvd, Corpus Christi, Texas 784X5 Greenwood Wastewater Treatment plant Lift Station TFiE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR' THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH[CH ThtIS EVIDENCE DF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 6Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FaCCLUSIONS AND CONDITEONS OF SUCH POLICIES. LIMITS SHAWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. nrnftewnc 1at~nbRllA Tlnhl COVERAGE I PHRILS I FORMS AMOUNT QP INSIfltANCE DEUUCiIBLE INSTALLATIOI+T FLOATER $1,076,3.70 $2,540 All Risk excluding Flood, Surface Water and. Wind City of Corpus Christi is included as Additional Insured as required by written contract. i30 Day Native of Cancellation (These endorsements have been order from the company] SHOULD ANY OF THE ABOVE iESCRIBED POLICIES BE CANCELLED B>FORE THE EXPIRATION DATE THEREOF, NOTICE? WILL SE DELIVERED IN ACCORBANCE WITH THE POLICY PROVISIONS. w nn~r`r~fee~ ~~tTCClCQ'7' NAMEANCAE7~RE58 _ NOR7GAGEE: AODrftONALINfiUREO City Qf Carpus Christi; Engineering Services LOSSPAYH£ Attn: Contract Administrator LoANa P.O. Box 9277 us Christi TX 784&9 Cor p AIiTHORIZEO REPRBSENTATiVE ~~ ACORD 27 (2U08172] ~ ~n~s-auu:! FedUntr VUrcr-VnH 1 Ivnt. r+~I r~g~is rea~reeu. The ACORD name and logo are registered mar3cs of ACORD i li .~asit3 Scetle~ From: Janie Scales Sent: Wednesday, July 14, 2010 11:45 AM To: `mwilsfordta~chubb.com' Cc: Detma R. Smith Subject: Austin Engineering Ca Inc _ i'alicy #06622915 Michael: i understand you are endorsing above captioned policy to add the Instailation Fkaaterwe requested bound effective 716110, however, I need two endorsements to the Installation Section of the policy. Effective 716/1!], please endorse tY~e policy to show 30 Day NOC and add the fallowing Add'ttianal Insured an the Instaallation Section only; City of Corpus Christi, Engineering Services Attn: GorttraCt Administrator P.O. Box 9277 Carpus Christi, Texas 78469 Thank you, J~Sie Scai~S Catto & Catto 41.P Insurance, Risic IlAana~ement, & Employee Benefits 217 E. Houston Street, Sctite 144 San Antonio, Texas .78205-18[11 Tei: 1;210) 222-2161 ext. 245 fax: (210) 222-1618 www.catto,com i'lease note that coverage cannot be bound by voicemail or email. This electronic iransmission (and any attached document or file) is cnrifdentlal and Intended for the sole use of the Indivldual(s} io wtrom It is addressed. Any durtlter distribution ar copying ofi this message is strictly prohif~lted, I# you received this message in error, please noii#y the sender, and destroy the message (and attached Elias}immediately. Calla & Catto LLP Is net liable for any use ar misuse contrary to these directions. A [3elma R. SE'1'~fth Frain: patina R. Smi#h Sent: Wednesday, Jufy 14, 201(310:49 AM T'o: 'Jackson, Shannon' Cc; 'Harris, Debra' Subject: Austin Engineering Co Inc. WCJZ91452290010;AS.3Z91452290020; YVJZ91452290040 Effective 711/1tl add 30 Day Notice of Ganceiiatlon in favor of; City of Corpus Christi Engineering Services Attn: Contract Administrator R.O. Bax 9277 Carpus Ghris#i, T}C 764G9 Please Rush. Thanks, Delma Smith Catto & Catto LLP Insurrance, Risk I~lanagement, ~ Employee $enefits 217 East Houston St.,Suite 104 San Antonia, Texas 78245-3$01 Tel, (21Oj 222-2161 ext. 249 Fax: (214) 222-3618 www.catto.cam Please note that coverage cannot be bound by vaicemail ar' email. This eiectronic transmission (and any attached document or 4ile) is caniidentiaf and intended for the sole use of the individual(sj to whom it is addressed. Any further distribution or copying of Phis message is strictly prohibited. If you received this message in error, please notify the sender, and destroy the message (and attached frl®s} immediately. Catto & Cotta Ll.I? is not liable for any use or misuse contrary to these directions. Insured: A9s~rin Enstineerin~ Co. Znc- TI-IIS ENDORSIEMENT CI~IANGES TIE I'QLICY. IsLEASE READ IT CAREPULI.Y, I..IBER'JC"~ DitectSolutions £®r ~untxactot~ This endoxsernent modifies insurance pxavided irndex die follawlrsg: COA•i1~iERCIAL GENB1tr~I. LFABILITS' CO"~~'ERAGE PART Tius endorsement modifies insurance by broadening the insurance provided by CG 00 ai., tndeX Item 2 - RBASONABI.E FORCE Item 2, -NON-OWN1~D WATLRCRAI~T EXTENSION Item 3. -ALIENATED PREMISES Item ~#. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item 5. - DAMAGE TO PREMISES RI~N'FBD TO YOU -EXPANDED COVEItAC+iE Iteua G. - BODILY INJURY'I'D CO-EMPLOYl~L6 I#crn 7. -HEALTH CARI3I'RQFII3SIONAI.9 AS INSUREDS Item 8. -NEWLY FORMED ORACQUIRED ENTITIES iteir- ~. -BLANKET ADDITIONAI. INSURED AND WAIVER OF SUBROGATXON MANAGERS OR LESSORS DP PREMISES Item 3.0, -EXPANDED BLANKET ADDITIONAL INSURED AND ViIAIVER OF SC3BRDGA`I'ION (I~OR INSTALLA'TYOI~I EXPOSURES) Tte~n 11, - BLAN KE'I' ADDI'T`IONAL INSURED AND WAIVER QP SUBROGATION - PER50N OR ORGANIZATION Item 7.2, -ADDITIONAL INSURED -- ARCIII'I'BCTS, EI~'GINEERS OR SURVEYORS Item A3. - ADDITIONAL INSURED -STATE, MUNICIPALITY OR POLITICAL 9UBDI'VISIDN -PERMITS Item 14. - ADDITIONAL INSURED AND WA.IV]EtR OF SUHROGA'TIDN - LESSOR OF LEASED EQUIPMENT Item 15. - ICCIO\~fILEDGE OP (~CCUItRENCE Item id. -UNINTENTIONAL ERRORS AND OIYiISSIONS Item I7. -BODILY INJURY REDBFII~IITION Item I8, -MOBILE EQUIPMENT REDEplNTTION Ite~u 1h, - SUPPLEMI3I~ITAR'K T'AYMEN'I'S Item 20, -LIBERALIZATION These changes broaden the policy sections described unless cllffering lat~guAge is separately er~dotsed to tl~e coverage pant. Item 1, - REASONABL$ FORCE Exch~aion A, of Covernge A is rep;aced by the Folla~ving. . a. Ex~Oected ox Intended Inju~.y "Hadify injury" or "prngertl+ dAmRge" e.Ypected ox iatended from the standpoint of the i~ssurcd. This esciusiou fides net apply to "bodily issjutp" of "property damage" resulting From the use of reasonAbie force to protect persons px psapextl: Itc~.n 2, -NON-OWNED WATERCRAi~'I' EXTENSION Sul~parAgtaplt g.(2) oFExclusion g. of Coverage A {Secdoa I • Cove~.~ages~ is replaced by the folio~ving: (2) 11. ~vatetCraft you do net own thAt is: (a) Less thAa 55 Feat long; and (b) i~Ot 17Cin~ used Fox pLii3~iC tranSportAtiOrt Or flS R Common tArtler. Rein 3, -ALIENATED rltL}MISES 1, Subparagraph ~,(2) of Exciusions of Section I - Coverages -Bodily Injt-~ And rcopexty I7Rmage Liability is replaced by the falloWiug LG 318U 89 Q7 Page Z of $ (Z) l~re~nises you sell, give away, or abandon, if the "property damage" arises out of airy part of those Prentiscs, and acau-s from hazards that were known by you, ur sboe~ld leave reasonably been knawz~ b}= you, at die time the propert=was tra~ia#erred az abandoned. Item ~. -PROPERTY IN YOUR CA1Z13, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of exclusion j. of coverage A, do not apply except to (a) borrowed equipment, or {b} "property damage" to pmpertp ~ jrout cart, custody and control evltile in transit This insurance does not apply to Any portiosr of A lass for evluctt ilia istsored has available auy atlzet r=slid and collectible insurance, evhetlter prisngry, excess, contingent, ar on any otl:er 4~asis, unless such other insurance was specifically purchased by the insured to apply in excess of live policy. 2. Limits of Insurance Si7bject to I~AfagtAp119 2y 3., And 5. a€ Section III -Limits Of Insurance, the most eve wi11 pay for insurance provsded by paragraphs 1., above is: $10,U00 Each Occurrence Lin~st $25,OU0 Aggregate Llnut The Each Occurrence L• u»It for this covernge applies to all damages as a result of an}= one "occurrence" regardless of the number of persons or argasazatrons wl;o suatair- damage because of t13At "occurrence:' The Aggregate Limit is the most eve evil) pay far ilia sum of all occurrences coe~red by this provision. Item 5. -DAMAGE TO PREMIB$S ItENTEI] TO YOi3 - BXl'ANDED COYL'#RAGI~ A, Fire, Ligl:tnhng Or Explosion Damage The last paragraph of 2, Exclusions under Section I -- Coe=erage ll~ is replaced by tt~e following; Exclusions e, through ss. do not apply to damage to premises rented to you ar temporarily occupied b}=you with persnissian of the owner when the damage is caused ley fire, liglttaing, ai axplasion or sulsscquent dauaages resttltsng Pram such fire, lightning or explosion, including water damage. A separate linut of insurance applies to this coverage as described in Section III -Limits of Insurance. TI. Linuts for L}amage to Premises Rented to ~'ou Paragrieph G. of Section III - Limits of Instu~nce is soplaced by the fallawlssg. Subject to 5, above, Elsa ~asnnge to I'zemises Rented to-You Irimit is the most we will pay under Coverage A far any co:nbiuation of: (a) damage caused by fire, lightning, ar explosion or subsequent damages resulting from such fire, lightning or cxpiosion, including rvater damage to premises ratted to you, or temporarily=occupied by you with pernussian of the owner; and (b) "property daneage" (othex tlyan damage by firs) to premises, including the contents of each premises, rented to you For a period of 7 or fewer tenseautivc clays. Item Ci, - BODILY II~hJURY TO CO-};MPLOYEBS 1. Subject to the Bacit Occurrence Limit and the General tlggrcgnte Limit, ParA~rapha 2.a,(3)(R), {b) and {a) of SECTION II -~~'-ho Is an Insured do not apply to your supervisory or management "employees" for "t~odily islj~tryn nip 2. Subject to the Leach t7ccurre:ice Lunn and the General Aggregate Limit, Paragraphs 2.a.(1)(n), (b) and (c) oi' SECTION II -~- L~Uho Is An Insured do not apply to y=out "employees" or "vah~ntaer workers" far "bodily #nj~try=" arising out of a Good Samaritan oat to a co-"employee" or co-"volunteer worker." A Goad Samaritan act means an attempt to rescue or a'id a person in intinistestt of serious l~aril, previded ilia attempt is not rechdessly shade. L?amages owed to an injured co-"employee" or "volunteer-worker" will be reduced ley arty amount paid. or available to file injured ca-"employee" ar "volutitcer worker" under any other valid and collectilsle insurance. LG 3180 09 07 Page 2 of B Yteln T. -HEALTH BARE I~ROFESSIONAL9 AS INSUREIIS 1'tttisgrnph 2.a. (1) (cl) of Section II -- lyho Is An Insured is dele#ed unless: (i) Yau nres engaged in the nce!lpatian or business of providing ar of#'efifig medical, surgical, clew#al, ~ ray or ~tursafg services, treatment, Advice ar it7struction; or (ii) 'I'1!e "employ*ee" ha5 any otlfer 7nsural7Ce tllak tvouid also cover ciAtt71s arising ~H1dOr tlfis provistalf, whether d7C oilier insurance is primafy, excess, cgntingent or on any other basis. Item 8. -1~lEWLY I7URMED ORACQYl1RED ENTITIES 1'Aragr!!pl! 3. of Section II ~ l~lfo Ie Atr Iflsnredss replaced by the following: 3. Any organization, other than a joint venture, you newl}• acquire ox Forin and over rx~hich you ntai-itafn majority a~vncrslfip or majority interest, tvW gtfalify as a Famed Insured.if there is no odter slnular ufsurnnce available to that orgaffixadan. a. Coverage i~ndcr flay provision is afforded only unfit i, the I80tlt day after }'ou acquire or form the organization; or ii. separate Coverage is purchased Sox the orgAtfizAtion; ar iii, tl7s end of the policy period, tvhiclxever is earlier, b. Coverage A does ~xQt amply to "bodily injury" or "property damage" thaf occurred before you acquired or formed ttfe orgarfixadon; and e. Coverage $ does not apply to "personal and advettisic7g injury" arising out of ar- offense committed before you acquired ar formed the argaffizatian. Na person! or argacfizatian is Ao insured with respect to the conduct of an}~ past pattncrsirip; current or past joint venture or past limited liability company that is not shown as a Named Irisflred in the I?eclaxsttiosis. J Iter7t 9. -BLANKET ADDI'I'IONAI. IN5URED AND WAIVER C}P SUBRQGATIDN-~--MANAGrERS (JR LESSOIZ3 OF I'ItSMISES A. Seatlofi II W Who Is Atf If7sutecl is amended to il7chYde as an insured Any 7f~anager ax lessor ofpxenuses leased by you in which the written loose agreement obligates you to proct7xe additional insured coverage, provided that: 1, the "bodily injury', "property= damage" or "personal acid advertising injuryr' giving rise to liability occurs stfbsequeut to die execution of the ngreenfent; sad 2, fife written agreement is v~ effect at fife time of rife "bodily injur}~", "property danfage", "porsanal and advertising sojtt~' far WlfiCh COVerage IS spllglit. Tlfat person ar organizAtian sl-ati be xefcn~ed to ns the additional insured. Tl-e coverage afforded to the additional insured is limited to liAbllity in connection tvitlf #lfe owaerslfip, maintenance or use of the premises teased to you soil caused, in whole or in part, by sane negligent acts ar astfissions of yau, your employees, your agents, qr your subcoc7tractors. There is no coverage for dfe additional insured far "bodily inj4~ry~', "property damage" or "personal and advertising injuryr' arising out of the sale negligence of d7c additional insured or by tlfosc acting on belfalf of the additialal insured, except as provided below. If the written agreeltlent to indemnify an additional sc7st7ced requires that yov indsmuify the additional insured for its sale negligence, then rile coverage for die additional insured shall col7form to that agreement; provided, lia~vever, that the cofltrncnfal indemnification language uF rife Agice:Went is vaUd under fife law of rife. state where rife agreement teas formed. If the written agreementprovides that a pat€icular state's lativtvilI apply*, tlfen such provision evil] lie honored. B,' ~~/aiver Of $uUragatlan Fpr a71}- additional insured that obtains insured status an this policy through paragraph A., above, we waive s~ny right of recovet}~ rve may have against die acidiponal insured because of pA}ments eve nialte for "bodily injury", "property danfage" ox "personal and advertisng injury" to wIfich tlfis insu~•ance applies. C. Exclusions Tlfis insurance doss not appl}~ to. x. Any `bccarxeuce" that takes place after you cease to be a tenan# in that premises. LG 318U {39 D7 Page 3 of 8 2, Any constt~ttction, renovation, demolition or instAllation operations performed by or as1 behalf of the Additional Insured. 3, Arty pxcrnises .for {vluclt cot*ernge is excluded by endorsement. D. Ot3tcr Iuatuttncc Tiic insurance provided by tins endorsem.cnt applies onl}r to coverages and limits oP insurnnce required by writtctl agreement, but in rte event exceeds either the scope of coverage or the iirn3ts of insurance availa3sle within- this policy. T3xissrtsurance s11all bs excess over any atller insurance available to the Additional insured, whedtet suck insurance is on an excess, contingent ar primary basis, {utless }=o{t are obligated raider a written agxeetrleut to provide liability insurance for that additional insured on any other basis. Yn that event, this policy will apply solely ore d1e basis rcgaircd by such -vrittcll agrce111ent. To rite extent that d1e additional irlsttred lies rite right to pursue any oilier insurance carrier for coverage, inclttdltlg a deFellse, {ve shall share that right ~vit[t the additional insured. Ite1n I4. - EXriANDFD BLANKET ADDITdaNAL INSUItLD AND ~~lANER Oft SUBROGATIUN (FQR IN3'1'ALLATIC)N EXP03ClRE8) A, Secfion II -- Wl~o Is An Iusuccd is amended ko include as an insured any person ar arganizatioll to whom j*ou arc obligated b}~ a written agreement to procure additional insured coverage, provided 131st: ~, the "bodil}° injury," "property damage," ar "personal and adve:tieing injur}l' givi,lg rise to liability acctlrs subsequent to rile execution of the -vritten agreement; and . Z, rite ~vtltten agrcelncnt is in affect at rite time of the "bodily injuz}-," "properr)= ~lamaga," ax "personal rind advertising injury" far wllicll coverage is sought: Titat person or axganizatian steal[ be referred to as #lte additional islsured. Tire coverage afforded to the additional insured is limited to liabilit}= caused, sn -vllole ar in part, by the negligent acts or osllissioits of yrni, your enlpioyees, your agents, or you: subcontractors, in the perfoxmartce of your ongoing operations. 'I'111s insurance does not apply to `bodily injury;' ar "pxoperfy^ damage; "personal and ad{=erdsing i,ljnry" arising atit of "}+aur ~{+orlt" included in the "products-completed operations llaxard" ttr~less you nre rc9uited to provide such coverage Fax rile additiona3 insured fey the written agreement, and i}1en only for rite period of tulle required by ilia written agreement and only for !"sabi3ity caust:d,_in whale ax in part, by the negtigent Rots or amissiasls of pou, your employees, your agents, or you- subcantxACtars, Thera is no rn{•erage for rite additional insured fox "bodily isljury+", "propcr#}+ disnsage" or "personal and adveLtisistg isljul}~' s~rising Dili of the soft: negligence of fire acldttiona! btsttred oY by tixose actlrtg art l7elsalf of the addit'tonn3 inattred, except as provided below, If rile wsigcn agseeRlent to s'ndemnify an additional insured rec}tltres tiler yott indemnify the additional insured for its sale negligence, then tile: coverage for the additional insured eltall conform to tiler agreatllent; prrn-ided, ha-va{{er, tlislt t11e coiltrstchtal indemniftcatlon language of Elie agree111ent is valid under rite 1a~v of the state where ilia agrtzerslent was formed. If the {written agreement provides that a particular state's 3a{vwill apply, then such provision will be ltarlored. 33. ~~f/ativer Oft 5ubragaGtlan Pox afly Additional i,tsttrcd that obtains insured states on this poticp through paragraph A., above, we evolve Any right of tecovesky -ve. may have Against rite additional insured because of payments we rttake for "bodily injury", "pmpcrty dantslgt:" or "personal and at3vertisittg injarg" to {v3ticlt this insurance apgiies. C. Excltratons ~~th 1~spect to the insurance afforded to dtese additional instireds, the folto-dsng additional exclusions apply: LG 3180 09 07 I1age 4 of 8 This insuranuc does not apply: ~, to "bodily= injur}=,', "propert}+ danSage" oir "personal and advertising injury" arising out of tEte rendering of, or the fniltlCC to render, A#ly prafe68iRilal Arcltltech-Cai, engisteerietg ox sun=eging services, utctuding. a. 'llte preparing, appraving,.or failing to prepare ox approve, maps, slYOp drawings, opinions, reports, surveys, field orders, change ardcr$ ox drawings and $pec'sficntians; or b. Supervisory, istspection, atclutectaral or engineering actinides. 2. to "bodily injury" ar "property damage" that occurs duertetg the ongoing aperatiorts of a project where you Isar-o purchased an Qwnets & Contractors Protective Liability or Railroad Protccdre Liability Palic}~ for the additional insured. 3, when coverage is available under a consolidated (wrap ttp}insurance program in wiaclz you arc i>zvol~red. D. Other Ietsttrnucc The insuuance provided by this endorsement applies onlg to coy=erngcs and Iimits of insurance regtuxed by written agreement, but in no event exceeds either tLte scope of coverngs yr the limits of insurance at=ailabie witluin this policy, T ltis insuurance sl:all be eaccess aver any atlter insurance m=allnblo to the additiostat insured, tvhetlter such utsurance is an au excess, contingent ar pelrriary basis, unless you arc obligated under a -vtitton agreement to provide liability insurance Epr that nddidanal it76l3red an An}' Otller basis. Tru that eVesYt, d»s pOlicy Will Apply SOICIy Qel t11C bRSis requtired by suClt written RgreCerient. TO Life extent flier file additional snsttCed lta$ the right t0 ptlraue eery otller insaranCa CaKrler FQr COYeragB, ]t4Cltlding ,~ tiefensa,;ve shall share tltstrightwitlt the additianslia~suKed. teen I1. - IiIr.ANKST ADDI'T'IONAL INSUItLD ANTS ~~flAI:VBR O~ SYJ'HROGA'TIQN -1'LR30N Olt DRGA]tII~ATION A. Sectlaee II --1Y/ho is Ait Ieteured is amended to inciacle as an addidonaL uusuu~d any person or arganiaatian to whom you arc obligated lay a written agreement to procure additional insured coverage, but only rnith respect to Liability for "bodily injury", "property damage" or "peraonnl and advertising ieujury" caused, in whale ar in part, by }=our acts ar omissions ar the acts or wttis$ians of those acting art year behalf 1. In the performance of your ongoing operations; or 2. Iet eanexectian with premises arvned by yatt provided that: (r) Life "bodily inju~', "property damage" or "personal and adnext#sing vtjury" giving rise to liability occurs subsequent to the execution of the agreement, and (b) Life lvrit#en agreement is in affect at the time of the "bodily injurya', "propccty damage", "personal injury" or "advertising injur}~" for which coverage is sought. Tluat persai ar organization s1tALL be rcl'erred to as the additional insured. 'I7iere is no coverage Fox the addidosual insured for "bodily injury", "pxopcrty+ damage" or "personal and advertising injtsey" arising out of the sale negligence of the addidanal insarecl or b}+ those acting net behalf of t}te additional se~sured, except sts provided below. I£ the u=ritten agreement to indcnteufy an additional insured requires that you indemnify= the nddit"Tonal insured fo~:ts sale negligence, then rite coverage for due addidaesal insured shall caseforxn to that agree:Went; provided, luowever, that dte cantracti~al indemnifucadon language aE flee agreement is ~trAlfd ender the law of the state tvltee:e the agreement was Formed. IE Life written agreement pxovicles that a pardculnr state's law will apply, then such provision tivill be honored. l3. ~aivcr Of Subrogadort gor any Rddidon1l insured that obtains insured Status on this Iyolicy through paragraph 44., shave, we waive an}= rigltr of recover}'. we inay have against flue additional insured because of payments we make for "bodily irejuty", "prvperty damage" ar "peKSOnaI and advertising injury" to wl>;ch ti>#s lnsutrance applies. LG 3i 84 04 47 Page S of 8 C. Exclusioyts 'Pius insurance cioea not Apply to: 3. Art}' prenuses ox equipment ]eased to you. 2. Any construction, renovation, demolition of installation operations perfvirned by or on behalf ofyalr, or those operating on your behstlf: D. Otiter IilsllfarlCC 't9tc insurnice provided by this clldorsen~ent aplsltes only to coverages and limits of fttsutance required by written agreement, bttt is no event exceeds either rite scope of coverage or the limits of insurAUCe available within this policy. Tilis itlsnrAnce shall be excess over any oher insurance at'ailable to the additional insured, ~vhetiter such insurance is an an excess, contingent vx primers' basis, unless you era obligated a:ldet a wtitten~ a$reetnent to provide liability insurance Eor that add'ttionattnsured vn any other bases. In tltAt c^t~ent, taus policy will apply solely ota rite basis required vy .such written Agreement. To file extent that the additional insured has tite right to pursue arty at]Yer ittsurAncc ca;~Yer far coverage, including a defense, eve slrall shAre that right witi3 flit additional insured. Item 12. -ADDITIONAL INSURED -- ARC~IITECT9, ENGINEERS OR SURVEYOIt3 A. Sectlayi II - Whv I$ Ayr Insured is amended to include as an additional insured Any Atctutect, engineer, ar sur;~eyor engaged by you but only with respect ro liability fat "bodily injnrs~", "property damage" ar "personal sand advertising injnrg" caused, in whole or in part, b}~you~ acts ar omissions or the acts yr vrnissions al'tilose acting anyaur behalf 1, In connection with yore premises; or 2. In rite petfoimance of srour otxgoing operations. .B. 1~ith respect to the insurance afforded to these additional insureds, dre fallowing additional exclusion applies: This insurance does not apply to "bodily injury", "prapcrty damage" or "personal nod Adl~ertising injury" arising oltt of the tendering of or the fAilure to tender nay professional services by on for you, including: 1. The preparing, appros*ing, or feeling to praparo ox approve, maps, shop drnwings, opinions, reports, suLti'eys, field orders, change orders yr drnwings and speclficadans; ox 2. Supervisory, Inspection, Architectural ar engineering activities. Rent i3. -ADDITIONAL INSURED -STATE, IviUNICIPALI:'I'Y OIi. POLITICAL SUI3AIVISION • HERMITS Seetlou II -Who Is Ayr Iylsured is Amended to include as an additional insured any state, municipality or political snbdivesian .vith respect to any operations perForn:ed by you, or an your Uehatf, .for which rite state, ,rrtunicipality or political subdivisiosl has Issued A permit However, this insurance does not apple ta: 1. "Bodils* injury," "property damage" or "personal and advertising injury" arising out of operations performed for fire state, municipality or political subdivision; or 2. Any "bodily injtlr}'" yr "property damage" included within, lire "products•contpleted operations hazard", except wlle~i required by ~vxitten cantsACt ar agreement initiated prior ro loss; or 3. `~Hodity injury," "property damage" or "personal and advertising injury," unless negligentls* caused, in ~vltolc or in part, las' yen ox those acting on your behalf. Rent 14. - ADDITIONAL IN5URED AND WANSIt OZ~ SUEROGA'T`ION -LESSOR OF LEASED EQUIPMENT A. Sectiatt II - ~~ha Ia Ali Iytsureel is amended to include As an additional insured any person or organisation from «rhvsn yau lease egluprncslt when yau stud such person or oygxsvzation have agreed in a written agreement that such person ar organization be added as an additional insured on your policy. Such parson or otgartization is err iulsuted only with respect to liability For "bodily injelry", "property damage" or "persvztal and Advertising injury" caused, in wbate or in part, by your rrlaintenance, secretion or use of equipment leased to you by sncll person or organization. 'Iycte is no ca~~etagc far the additional insured for "bodily injur}'", "pmpcrtp dArtlage" at "personal and advertising injury" arising out of die sole negligence of the additional insured ar by Lilose acting on behalf of the addedonai i17SUred. LG 3180 b9 U7 Page G of $ s1 person's or orgaitiaation's stun:s as an additional irtsurs;d under this endorsement ends ~vhcn cite agreement ~t-idt )~o~t fox such leased cquupment ends. B. Waiver of Subtogatiofi Fat nap additional insured first obtains insured atoms on flue policy thraugli paragraph A., above, we waive any right of recovery we may have against the additional insured because of pa}+sttents we mal<c for "bodily lnjurl+", "propertp dnittitge" ar "personal and advertising inj~u}'" caused, in tvltolc or in part, b}' your maintenance, operation or use of .equipment leased to yatt by suck person ar organiaatiost. C. ®tlicr Insutitttce This insurance shall be excess over any other insurnitee available to the additional insured, tivliether such insurance is an au excess, cantiagent ar prtmars+ basis, unless you axe obligated under A written agCeen1C11t t0 pCQVedC lial?ility insurance far that fldditianal inattccd on any other basis. Iu that event, flue policy will apply solely on die basis required lay sstcll written agrcesnent. Ta the extent that the additional 'ensured Itas the right to pursue any atlter insurance carrier far coverage, irieluding a defe:tee, eve sl~sll share Clint iigllt tvitlt the additional insured. Itesn 13, •• KNO~tf/LEDGE OF OCCURRENCE Subparagraph 2.a., i3. and c. of Condition 2+ Secdan IV -- Carnmercial Genecnl f.iability Conditions are amended to ndd flu falla~ving: t1s used in flue paragraph, Ells ward "yrou" refers to an "executive off cer", paxatcr, member or legstil representative, and any otlxer "employee" with insurance or risk management responsibilities, Itam i(i. - iC]NIrITENTIQNAL ERRORS AND OMISSIOhIS liai.~agsaph 6, of Section IV -- Commercial General Liabllitj+ Conditions 3s amended to add flu folla~viitg: ltny unintentional error or omission in the description af, ar failure to completely describe, any premises ar operations intended to be covered by this Nolicy will :tot invalidaEc or affect coverage for #Itosc gremises or operations. However, you mast-report such error: or omission to us as soon as practicabio rafter its discovery. This provlsia~x ciacs not affect our rlgltt to collect additioial pxesnium or exercise our right of cancellation or non- reite~tfal. Item 17. - BODILY IN,~UR'Y ItED$PIMTION 'Ihe definition of"bodily injury" 1n Section V -1]EI+INI'i'IC7NS section is replacs:d by the following: `Bodily injnry~' means bodily .lnJtu~}, sickness or c{isease sustained by a person. It includes dsatlt or mental anguish, which results rat any time from such physical harm, physical sickness or plrysicnl disease. Mental anguish means any type of menfial. ar emotional illness ar distress. Rent 18. - MOBILE EQUII'ML~iVT REDEFINITION I'nragxaplt 12. f.(1) (a), (b) stud (c) of Section V --1]ef nitiona dace not apply to self-jsropelled vehicles of less titan 10(10 pounds gross vclticle weight. Item 19. - SUPPLEMENTARY PAYMENTS Section I _ Coverages, Supplenrentary Pa}~eetts - Coverages A and B, item 1, b. and 1, d,, respectively, are replaced ~vitlt: U, Up to $2,500 fox cost of bail bonds required because of accidents or traffic 1nw ~ ialations seising out of tIte use of any telucle to wle[eh the Dodiiy Injurs~ Liabiliq+ Coverage applies. llle do not have to furnish these bonds. d. All reasonable expenses incarred by tlic insured at our request tv assist tts in the invcstigatian ar defense bf the claun ar "scut" including substantiated less of enrsungs ttp to $500 a day because of time off frasn tvork. LG 3184 44 l)? hstgc 7 of 8 ktem Zfl. - LI$$1tAY.dZATI~N Sec#ia» IV - Casnmerclal Gesteral L iability Catldttians 1S ameudcd ko ad<t tltt: foltawrtrig; 10. L'tbexalizadoc! ~f eve adopt n cltange in our farces ar Wile wllicli would broaden your: cot=erttge ~villtaut An es#ra c1large, the broader coy=cage rr~il3 npply to this palicg. This extension is eEfccdva upon the appmva! of sucl+ btoadc>: covernge in your sta#e. '1.'hi~ i~tdorsentent ii cxccutcd by tl~e !'rcmit-m $ f:ffeetire 37atc L~pimtivn Rata l+ar ~ttzchmrnt w t'oScy No. Audit liaeis lssurd To Q r~ ~~ ~~ sgcRaTaxi r~ >'RZSro~~r Countersigned by Aulburita3 RepntrnHlil'c fs,;uNd Sates Office and t1'o. 8n~i. 3casi i*io. T.,G 3180 0~ 07 Page 8 of S THIS ENQORSEMENT CHANC3E,S TWE POLICY. PLl~AF:E READ IT CAREP~liMLY. a~si~n~~-r~~ ~n~~u~Ea This endorsemen! trxodiftes insurance provided under the foliowing~ BUSINE55 AtJTO COVERAGE FORM GARAGE COVt=RAGI; FARM M{}'fE)R CARRIER COVt=RAGE FORM TRt,3CK~RS COVERAGI: FORM Wily respect to coverage provided ~y this endorsement, the prov4slans of the Coverage fiorrrt apply unless madl- fied ny thls endorsement, Titls Pncforsement Identities person(s) or orgenizatEon(s) who are "insureds" under the Who Is An Insured #~rovi- sian afihe Coverage Form. This endarsemenk does not alter coverage provided in the Coverage Farm. sclHl=out, e roD ~ Name of Person{s) or arganizalion(s); tlt no entry appears above, inforrrration required to complete this endorsement wiEl be shown ir- the Declaratlans as applieabis to the endarserneni.) Each person or organization shawtt In the Schedule is an "Ensured" for Uabllily Caverage~ but only to the extent chat person ar arganlzatia» qualities as an "Ensured" under the Wtio Is An Insured Provisiarr cor-tained in Sectfart Ii of the Coverage Form. ,~ Palley Na; ASJ2911~5229t3Q20 l=fiective Date: 7--1--}.0 i=xpiratlon Date: ~_1-~ ~ Sales Office: Issued 13y: Ytauseu vnderwr3tere i suranaa canspahy Authorized Repzesent i CA xt? 4B i)x 89 Copyright, Insurance Services Ofiflce, Inc., 1898 Page 't of 't Named ~nsuxedo Austin Enginee~~ng Coo Inco @! DESIGNATEE~ ~NSURE® SCMr~~ULE Applica6ie ka: CA 2i3 AB 0~ 99 , MM 99 5fl 48 98 Name of Persvn(s} ar 0rganization4s} ANY PTsRSON 4R ORGADTI~ATYON WN£R,E '1'}tE 1~AMED INSttR~U HAS AGREED BY ~FRI'I'TEN CC?NTRACT OR AC#REEMENT TO ING'tdIDE SUCH PFRl50N O,ti ORGANIZATION AS 1?ESIGNATED Ii~SURTiI) AuCha~:ized ~ep~e~eR~at; t Pago i o4 i .~ Named Instsreti sY Austl.n Engineering Co, ins, Policy Numbers AS;IZ~14~2~9iJ2O___ THIS ENE}ORSEMENT CHANGES THE PGLICI~, PLEASE REAC9 ~T CAREP~LL~Y. Wausau EXPRESS~'~Autct Enhancement Endorsement This enda>xement nradiiies insurance provided under the fallowing: BUSINF-ASS AUTO COVgItAQE FORM i. i~owly Acgtriraii or F4t;ned Organisations lil. Fruploye~ as Insrtreds ~ III. I.essar - Adrriitlonrtl Insured artd Doss Payee IY. 3upplertrwttary Pavements - Itrct~ease~# l:~rrttts Y. Fallacy it~rtploye~e Coverage Yl, Personal Properfx olOtbers YiI, Additional Transportation ibcpense and Cyst tb lZecover SEalen Rata YIII, Alrlfag Coverage IX~ Tapes, Records and Dls~s Coverage X, Audio, Visual and Data Eiactr+anic Equipment Coverage K!<, Plryslcat Damage Deductible - Sirrgte Dedu[llble KIi. Plrysicai Damage Deductible -Glass XIII. physical Damage Deductible - lTetdcie Trac>ktttg Syst~rr XIV. buttes in Event of Acaiderit, Ciaim, 9ult ar Lass 1CY. Urrint~rtianal Failure to D1scIose Hazards XY6. W©rldsr,~ide l.iablfity Cover~gge - Nit+ed and Nanowned 1~utos XVII. I3ired Auto I?I~yslcttl I)anrage XYIII. Auto Metrical Pa,~-ntents Coverage Incr~sed Litrrits XIX. DNve Other Car Coverage • Broadened Coverage fvr Designated Individuals XX, Rentai Reimburteenent Coverage XXI, Notice of Canceliatlon or i~tonr+errecval XXIfI. I.urutl~a Payoi~ Coverage XXIII. Limited i4lvdco Coverage ~ XXIY. Waiver of Subtvgation v I, NEWLY ACQUIitL'~'I) OR FORMED ORGAIc}IZATIQNS '[7tmughvut this pa#Icy, the words you and your also Hafer to any otganizatian you newly acyaim ar farrn, other thaB a partnershits ar joint vetrtura, anti over which you maintain ownership of more than 50 pereent interest, provided; A. There is nv similar #nsuranse available to that organization; I3. Unless you nosily us to add rovorage to your goticy, the codetaga under this pray#sian ]s afforded only until: 1. The 90th day after you acquire or fomt the organization, ar Z. The r<trd oC the policy period, whichever is earlier and C. The coverage does trot apply to art "accident" which occurred befare you at~uired ar fomrcd the orgastizalion, Ii. F!1'1PLOYEI+GS AS IA#$UItECtS Paragraph A. 1. Wha is An ]nsnrstt of SFCFtCfi~i ]t - L.lAgil.dTY COV~ItAQE is amended to add: "!nc#udes copyrighted material of Insurance Services 4tlice, inc., with its permission" WABb10 Copyright 20118 liberty Mutual G of Co panres. ~t11 rights ress~ed, Page 1 mf't1 01-(39 ~V/ Authorized Represen.t8ti~re Hamad In cured : Au sC itt Eng inset ang Co - Inc . r Autk~arizecl Representatwtive Your "ertt}~loyee" !s an Insurrd rvhlle using -vith your pennissian a roosted "auto" you do not own, Aire or borrow in your business or your porsonai affairs. till, 1.ESSUA - AllUl'!'I014AL ~15UIlED AMID U}55 PAYER A. Any "leased aura" will be eonsidared an "aura" you awn and not an "aura" you hirear barrow.'The coverages provided under this aect'san apply to any "leaned aura" until the axisiret#on date of this policy or until the lessor or his or het agent takes possession of the "leased auto" whichever occurs first, S. For any "leased aura" that is a covered "auto" untlesr SF.G'170N Il - I.~ABIl.ITY t'JDVB1tAQE, the Who is an Insured provision is changed to include as an ittsured tote lessesr of the "leased auto" However, thts lessor #s sn "insured" only far "bodily lr~f uty" ar `~-raperty damage" resulting front the acts or omissions by: i, You. x. Any of your "employeesR or agents; or 3. Any person, except the lesser or any "etnpiayee" ar agent of titre lesser, opcrntiog a leased "aura" with Ihe.pornnission of any of the above. C. l,.ass Payee Clause 1. We wilt pay, as interests may appear, ynu and the lessor of the "leased auto" for "loss" to the covered "leased aura," ~. The insurance covers tits intgrest of the lessorof fire "leased aura" artless the "loss" results frntn fraudulent ants or omissions an your part. 3e If we msi-ts arty payment to the lessor of $ "leased auto," we will obtain Iris ar her rights against arty ether party. D. Cancellation ><. idle tray cancel the policy as allowed by the CANCi+L>,,A'I'iQN CQMMON POLICY CONDITION. if we cat3cel the policy, we writ mail notice to leasers of "leased autos" which are on file with lire company. Such trot#ce will be the greater of 30 days ar the carne notice period we afford you, 2. ]f yon cancel the policy. we will promptly mail a notice to lessors ai' "leased aut+us" on flfia with the carnrany confirming: a. That you have initiated cancellation of rite policy,and b. The effective data of the cancellation. 3. Cancellation ends this agrecruent~ lE. The lessor is net liable for payment of your premlurns. F. Forpurposes of this endorsement, the following definitions apply: "Leased auto" means art "auto" which you lease for a period of six months ar larger for use in your business, including any "tampnra~y substitute" of such "leased aata." "'k'ernpvrary substltttit:" means an "Kula" that is firmished as a substi#uta for a severed "auto" when the "includes capyrighked material of Insurance Services OfRct;, inc., with its permission" WA85'f0 Copyright 2f#il8 Liberky fVltttual Group of Companies. AI! rights reserved. Page ~ of ~1 01.9 N arced Ixr sexed : Au st in E~ ~Po1~,~~5* ~l3~urllz~K« ~SJ~~1 Coo Inc, ~~ AuChaatXZed Repxesentat~.ve covered "aura" is.aut of service because of its btvaldown, repair, servicing, "toss" or destruction. IY. RUPI'L~NTARY PAl'ML•'NTS - INCRL~ASEiD LIMITS Subparagraph A.2.a. {2) turd A.2.a.(4) of SEC'174N ]1- T,lAB1T.lTY COYIrItAGEare deleted end replaced by the follawi~ug: (2) [Ip ro ~3,Ot1U far the cost of bail bonds tincluding bends for reltued iraffte 4aw violations) required because of an "accident" we cover. We do not have to furnish these botrds. (4) All retsonabla expanses incurx+cid by the "insured" at our tr.~uest, including the actual lass of earnings up to SSOt} a day becaustsof time off fitarrt woric> V. l~'ELioW EMPIAYEE COVERAGE A. laxclusion B. 5, of SECT!(3N IT •T.fAB1LITY COVERAGE is deleted and replaced with the following; 5. FELIAW EMI'LOXIEB "»vdily injury" to any fellow "employee" v[an "insured" arisin~,aut of and in thecqurseofthe fellow "employee" emplayrrtent, except far any insured named in the Fellow Employee Schedule of F.mp[oyees, However, nn "employee" is an "insured" for "bodily injury" to a co-employets if such co•empioyes's exclusive remedy is provided under a worlars campensatian law ar any similar law. lQ. Far the purpose of Fallow Emp1ayee Coverage only, paragraph 13.5. of BUSINESS AUTO CONDI'T'IONS is changed as follows: This Fellow E.rnpioyee Coverage is Excess over any other collectible insurance. VI, 1'ERSE3NA>[~ PRVI'ERTY OF OT#l1iRS >ixciusian 6. in SEC1i70N 11- LIABILITY COVERAGE Far a caves+ed "aura" is amended to add; The CARi?, CUS']'ODY OR CONTROL exclusion does nor apply to "grapeay damage" ar "Coveted pollution cost or expense" involving "personal property" of your employees or others whlie such property is canied by the COVBrCd "auto",'Tlte Limit of Insurance far this Coverage is $S,D00 par accident. Payment under ibis covamge does not increase the limit of Insurance. For the purpose of this section of t#tis endorsement, apersonal properly" is defined as arry property that is not used in the lndividuai's trade orhusiness or held for the trraductlon or cgilectiort of income. '4i1[, ADDTTIONAII'I'RANSI't?1ZTATION ETCPEiVSE AhID COST' TO RECOVER SI'OLF,1\I AU'T'O A. Pansgraph A.~4.a. of SECI'it]N Tlf - PHYSICAL DAMAGE CflYEIZAGF is amended as follows: 'T'he amauat we will pay is increased to $SO per day and to a rttaximunz limit of $l,000. S. paragraph AA.a. of SBCTiON llt - pHYS]CAL DAMAGE COV>rRAGIs is amended tv add the following; li your business is strewn in the Declarations as son~athing.ather titan an auto dealership. we will else pay r-p to 51,000 far ntasonable and accessary costs incurred by you to return a stolen covered auto From the place where It is recovered to its usual garaging location. Vlllt. ATRI3AG GOYERAGE Exclusion B.3.s.in Sl?~G"l`It3N Ill- IPHYSICAt. DAMAGE Ct]11ERAQE is amended to sdd: "Includes copyrighted mal:'rial of Insurance Services Olftea, Inc., with its permission" WA85yt# Copyright 2fl06 liberty Mutual Group of Companies. A]! rights reserved, Page 3 of 'l~ fl1-iy9 Named Insureds Austin l;ngineerfng Coo Inca Aut'ltoz'ized Repraserttative ,_.. .. This exclusion dacs not apply t4 rite accicienta# d#scirargt: at ast airbag, 1lI, TAPES, RECO1tDS AND ])15CS CO~'E1tAGE Exclusion E3,~i.a, of SI)CT[ON ltl ~ P]lYS1CAL i)AMAC3E COVERAGE is deleted and replaced by the following: a" Tapes, recotsis, discs or other similar audio, visual or data electronic devices desigted for use with audto, visual or data electronic equipment except when the tapes, r+ccorcls, discs or other sire#lar audio, visual or data etectraaic devices; i) Are your pnapetty or that of a family member, aria 2) Are 1st a covered "auto" st the timaof "ions", The mast vra will pay for " 3oss" is $2tXl. No Physical Damage Coveragtf deductible applies to this coverage. X. AUD10, VISE]AL AND DATA ELl?~'1CAONIC EQtJ1P~l1ILriVT COVERAGE I~atclusions BA.c. and B.4.d, of SECTION ]]I - PHYSICAL DAMIAGFs CpVliliAG>3 are deleted anti replaced wish the fallowing: e. Any elertmaie equipment that receives ar transmits audio, visual , data or globat pnsitionittg signals, amass such equipment is perntartt:ntly iostapsc! in the eovened "attto" at fire time of this "toss"' ar is removable from a housitsg that is pemtanentiy installed in the sovtsred "aato" at this time at:rte "lass" and such equipment is designed to be solely operated by use of the power from the "auto's" etectrieat system, is or upon th8 covered "sofa" (This coverage fines not apply to global positioning uttits that ate mounted by a suction bracttet.); or d. Any accessories used with soy electronic tquipment sxciuded from coverage per subpacagratsh c, above. Xl. PHYSICAL DAM,AGL7 DIEDUC'1'IIIL~ • SWGLE ©EDUCTIBLE Paragraph D. in SI:Ci'ION ]I] - PHYSICAL i)AMA©E Ci~YERAC3lr Is de#cteci and raplecrsti by the follct+vingt Por each covered "auto," our obligation to gay for, repair, return or replace damaged or stolen praperiy will be r~iuced by the applicab#a deductible shown in the 17eclaratious, any Comprehensive Coventge~ deductible shown in the Declarations does not apply to "lass" caused by fire ar lightning, When two or mote savet+ed "autos" sustain "loss" In the same collision, this total ofail tho "loss" Far $li the iavoived covered "autos" will be reduced by a single deductible, which wiH be the largest of al! the deductibles applying to all sueh caver>3ti "autos." X11. PHYSICAL DAMAGE DEDUCTIIII:~Ctr • GLASS Paragraph D. is SF.("TION III - PlIYS1CAL DAMAGE COVERAGI+ is amended tv add: No deductible applies to "loss" ro glass if you alert to patch ar repair It rather than replace it. xlll. PHYSICAL DAMAt;iE DEDUCT113L1i - VCHICLL? TAACKIf~tG SYSTEiV1 Paragraph D. in SEC'I7Gi!I ill -PHYSICAL DAMAC#S COVl:1tAG1? is amended to arid; "includes copyrigltled ttnaierial of insurance Services Offree, inc„ whit its perrrtissian" WA8S10 Copyright 20E78 Liberty Niutuai Group of Gt-rnpantes. Ali rights res@rved. F~age ~ of '4i 01-05 Any Campnhensive Coverage Deductible spawn in the Declarations will 6e reduced by 509b far any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a gtabal positioning device and that device was tits method of recovery of the vehicle. lL1V. UUTlFS IN EVENT OF ACClDEYT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a, attd A.2.b. of S1EG7'it?N IV- BUSINESS AUPO CONDITIONS ate changed to: a. In the event of "accident", claim, "suit" or "loss", your insurance manager or any other parson you designate must notify us as soon as reasonably passible of such "accident," riairn, "su#t" ar "lass", Inclade: (1) Haw, when and where the "accident" nr "loss" occurred; (x) The "insured's" name and address; and (3) Ta the extent possible, the names and addresses of any injured persons and witn$sses. ICrtowiedge of an "accident," ciaim- "suit" or "lass" by your went, servant or "employee' spoil not be considered knowledge by you aniess you, your insurance manager or any other parson you designate has rece#ved notice of 1hB "aCCldEnt," ciaim, "Stilt" ar "lass" from your agent, servant, ar "employee." b, Additionally, you and any other involved "insured" must: (1) Assume no obligation, make nv payment or incur no expense without our consent, except at the "iasurrds" own oast, (Z) immediately send us copies of any request, demand, eider, notice, summons ar legal paper received concerning the ciaim or "suit." (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authori~~e us to obtain medical rrcords or other pertinent information. (S) Submit to examination, at our expense, by physician,5 of our choice. as oiien as we reasonably require. lCV, t;11~t1N'I'ENTIONAIW FAILURE TD UISCL05E NAxARDS . paragraph 8.2. in SF.C'>E70N IV -BUSINESS AUTO CONDITIONS is amended to add the fallowing; Any unintentional failure to disclose ail exposures or haaavds existing as of the effective date of the i3usiness Aura Coverage Form or at nay time duri ng the policy period will not invalidate or adversely affect th$ anverage for such esxpasure or herald. Ilowevar, yea must report rho undisclosed exposure ar hazard tows as soon as reasonably passible aBer its discovery. XVI. WORLDWIDE INABILITY COVERAGI; -HIRED AND IYONOWN#l.D AUTOS Condition B.7. in SECTION IV - BUSINESS AVl'0 CONDITIONS is amended to include the fallowing: Far "accidents" resulting from the use ar operation of covered "sofas" you do riot own, the egverage territory means a!1 pares a[ the world subject to the following provisions: "ieteludes copyrighted material of Insurartee Services Offtt:e, Inc., with its Irerre~tission" WA85'IO Copyright 2008 Liberty Mtatuat Group of Corrtpanies. All rights reserved. Page 5 ofi 14 Ort-09 a. If claim is made or ''suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not lire duty to investigate, negotiate, and nestle or defend such claim or "suit." If we do not exercise that right, the "insured" shall have the duty to investigate. negotiate, and settle or defend she claim or "suit" and we will reimburse the "insured" for the expepsas reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid fn the currency of the United States of America at the rate of exchan~,e p:availing, Qn the date of reimbursetngnt, The "insured" shall provide us with such inforntatian we shall reasonably t+eguest regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not unreasonably withhold consent. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will net furnish cacti ficates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Fatlure to comply with the auto insurance laws of other countries may result in fines ar penalties. This insurance does not apply to such Ones or penalties, XVII. HIRED AUTO PHYSICAL DAMAGE If no deductibles ate shown in fire Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Copisiort coverages to a covered "auto" of the private passenger type hired without an vpenttor for use in your business: 1. The most we wilt pay for coverage afforded by this endorsement is the lesser of: a The actual cost to repair ar replace such covered "auto" with atherpt+aperty of like kind and quality, or b. The actual cash value of such covered "auto" at the time of the "lass". 2. An adjustment For depreciation and physical cortditiort will be made in deterrrrirtirrg actual cash valtte in the ar+ent of a total "loss." 3. [f a repair ar replacement results in better than like kind ar gustily, we will not pay for the amount of the bettsrrnent. B. Foreach coveted "auto;' our obligation to pay for. repair, return or replace the covered "auto" will be reduced by say deductible shown in the Declarations Chas applies to private passenger auras that you own. If rro applicable deductible is shown In the l~clarations, the deductible will be $Z50. If the Declarations show other deductibles for Physical Damage Coverages for Hired or 13orrawed Autos, this Section XVII of this endorsement dean not apply. C. Paragraph AA.b. of the Physical Damage Coverage is jeplaced by: b. Loss of Use Expprtses "includes copyrighted material of Insurance Services Office, Inc., with its perrtrissian" WA8S1D Copyright 2008 Liberty Mutual Group a# Companies. A!i rights reserved, Page 6 of ~t fl9 •G9 For Hired Auto Physical Damage ptr,vided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay For loss of use of a private paosanger vehicle meted or hired without a driver, under a written rental roe:rdct or agreement. We will pay far lass of use expenses caused by; (1) Dther [hart collision only if the Declarations indicate that Comprehensive Cove;agre is provided For any covered "auto; (~) Specified C&uses of Lass only #f the Declara[ions indicate That Specified Causes of ]Cuss Coverage is provided for any rover~ed "auto," or (3) Colllsian only if the Declarations indicate that Collision Coverage is provided for any ravened "aura." However, the mast we will pay under this coverage is $3Q per day, subject to a rosximurrt of Sp~O. xV1II. AUTO MEDICAL PAYM®+PI'S COVERAGE ~ BVCREASED LIMITS For any covered "loss," the Limit of Insutattce forAuta Medicai Payments will be double the Ilrnit shown in the Declarations if the "insured" was wearing a seat belt at the time of rite "accident." 'Phis is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos;' "insureds," premiums paid, claims made, or vehicles involved iH the "accident," if no limit of insurance for Auto Medical Payments is shown on the 1?eclarations, [his paragraph Section XVIII of this endorsement does not apply. X1X. DRIVE OTHER CAR COVERAGE -BROADENED COVERAGE IrOR D1E5lGNATED WDIVIDUAIS A. 'This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule. iB. SOON iI - i~ABll.]TY COVERAC81s astteaded as follows: I. Any "auto" you don't own, hirre or borrow !s a coveted "auto" for Liability Coverage while being used 6y any individual named in the Qrive Other Car Schedule or by his or her spouse while a resident of the same household except; a. Any "auto" owned by that individual or by any member of his or her household, or b. Any "auto" used by that individual or his or tier spouse while working in a business of seNing, servicing, repa#ring or parking "autos." 2. The following is added to Who is An Insured: Any individual nrtrned in the Schedule and his or her spouse, while a resident of the same household, ens "insureds" while using any covered "auto" described iH paragruplt B.l. of this endorsement. C. Auto Medical Payrnertts, Uninsured Motorist, and Underinsurtd Motorist Coverages ar+e amended as follows: The following is added to Who Is An [Haute[: "includes copyrighted material of Insurance Services Office, Inc., with its permission" WA85'<0 Copyright X006 l,EberZy Mtttuai Group of Companies. Ail rights reserved.. Page 7 of y1 x1-09 Any individual Warned in the Schedule and his or her "fomlly members" are "insured" while "occupying" or while a pedestr'san when being stnrck by any "auto" you don't own except: Any "auto" owned by lhut individual or by any "family member." D. SEG'1'lON 111-1?1~lY5lCAI. DAMAGE COVE1tAGlEr is changed as follows: Any private passenger type "auto" you don't own, hire or bocmw is a covered "auto" while in the care, custody or control of any individual namedtn the Schedule or his or her spouse while a resident of the same household except: 1. Any "auto" awned by that individual or by any member of his or her household, or 2. Any- "auto" used by that individual or his or her spouse while wor#cing in a business of selling, servicing, repairing or parking "autos." E. For purposes of this endorsement, S>:CT1QN V - DEF7MT10NS is amended to add the fotlowin)ra: "Family member" means a person related to the individual named In the Schedule by blond, marriage or adoption who is a resident of the individual's. household, including a wa>Kl or taster child. XX. RENTAL REIi1~URSEIViIENT COVERAGE A. For any owned "coveted auto" for which Collision and Comprehensive Coverages era provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "foss" to an awned covered "auto." Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto." No dedrrctib€es apply to this covaragc B. We will pay only far those expenses incurred during the policy period begitrning 24 hoots after the "loss" and ending with the earlier of the retain or r+epai r of the covered "auto", or the exhaustion of the rnversge limit. C. Our payment is limited to the lesser of the following amounts; 1. Necessary and actual expenses incurred, or 2. $34 per day with a maximum of X300 in arty one period. D, This coverage does oat apply: i, While there are spare or reserve "autos" available to you for your operations: or 2, If coverage is provided-by another endorsement attached to thi s policy, E. if a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage vnty the! amount of your rental relmburaemeat expenses which is not rilready provided for underparagraph 4 Coverage ~ctension of Section Ill -Physical i7arnage Coveragga of the Business Auto Coverage Form or Section V1I of this endorsement. "ineltades copyrlghfied material of Insurance ~eruites Office. inc., with its permission" WAt3510 Copyright 20D8 Liberty Mutual Group of Carnpa:ties. All rights reserved, Page 8 a# 1'1 o~-oa 1ClLI. 1~IOTiCIv OF CANCL~LLATION OR NONRENEWAL A, Paragraph A. 2. of the COMMON POLICY CONDITIONS is changed to: x. We may cancel or tton-renew thes policy, by trailing written ttotlee of canreliation or non-renewal to the Named Ittsuned, and to any na:Ae{s) and address(es) shown in the Cancellation and Non•renewai Schedule: a~, forr~asons ofnon-payment, the grater of: {I.) t0 days, or {2) the numbernf days specified in any ether Cancellation condition attached to this policy; or b. for reasons otltsr than ran-payment, the greater of: {1) b0 days, ~2) the number of days shown in the Cancellation and Nan-renewal Schedule, ar (g) the unmoor of days specified in any other Cancellation Condition attached to this policy, prier to the effective date of the canceliation ornon-renewal. li. A!I other terms of Paragtnph A., of the COMMON POLICY CONDITIONS, and any amendments thet+eto, n3main iR full farce aad eFfect. XXII. IAANiLEABE PAYOFF CUVE1tAGE '!fie following is added to L+mlt of Insurance of SL~C."PION III - PHY51CAL UAMACE COVERAGE: IR the eVeAt of S "total loss" to a covered "auto" of the "private passenger type" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid arnottnt due on the Jesse or. !Dart for that coveted "auto,° loss; L The amount paid under the Plrysical Damage Coverage Section of rho policy, and 2- Any: a. Overdue leaseltoan paytne>ats at the time of the "lass," b. Financial penalties imposed under a lease for excessive use, abnarrnai wear and tear or high mileage. c. Security deposits not returned by the lessor; d. Costs for extended warranties, Cre~dlt Life Insurance, Health, Accident or Disability Insurance purekased with the loan or lease; and e. Carry-aver balances from previous loans or ieasns. This coverage is limited to a rttaxlmtun of I; I501} for each caverecl "aura". "Includes copyrighted material of Insurance Services Office, Ins., with its pgrmissiart" WA8510 Copyright 2008 Liberty Mutual Group of Companies. All rights reserved. Page 9 at 7i 01-09 XJIiYII< L1[M1TED MEXYCO COVERAGR W ARIYIING AOTD ACCIDENTS 1N MEXICO ARE SUBIEC'i` TO THE LAViiS OF M1rJCICO ONLY - A'O'1` THE. LAWS OF THE UMTI?D STATES OF AMIEIUCA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO- ACCIDENT A C1YlMliNAI, OFFENSE AS WELL AS A CIVIL MATTETt. 1N SOME CASES THE COVERAGE PR01'IDED UNDER 'I'I~l1S FNDURSE?M[ENT MAY NOT BC RECOGNIZED lIY THE MEXlCAi~P AiITHOR1iT1FS AND WE MAY NOT I;E ALLOWED TO IMPLEMENT THIS C4VIaRAGI; AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY I3EF4RIr DRIVING INTO MEXICO . THIS iE.NDORSEMENT DDES NOT APPLY TO ACCIDENTS OR LASSES WHICH OCCUR OUTSIDE OF 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph 13.7 of SECTION TV -BUSINESS AUTO CONDITIONS is amended by the addition o[ the Following: The coverage territory is extended to include Mexico but only if alI of the Fo]lovying criteria sure mat: a. The "accidents" or "foss" actors within 25 miles of the United States border; and b. While on a trig into Mexico for I O days or less; end c, The covet~I "auto" is a private passenger or station wagon typo or a» "auto" of she pirl-up or van type. Z. Forcoverage provided by this Section of the endorsement, Paragraph $.S. Olhar Insurance itt SEC'T'ION !V -BUSINESS AUTO CONDITIONS is replaced by the fallowing: The insurance provided by this endorsement will be excess aver any other collectible insurance. ~. Physical Damage Caver~e is amended by the addition of the l'ollawing: if a "loss" to a covered "auto" occurs in Mexico, we will Tray for such "Ives" in the United States. If the covered "atttd must be repaired in Mexico in order to be driven. we will not pay mare titan rite actual rash value, of sorb "ions" at the nearest United States po[m where the repairs can Ire made: C. Addltlanal Exclualotts The following additional exclusions arc added; This insurance does not apply: 1. If rise covered "auto" is not principally garaged sad principally used in the United States. 2. Ta any "insured" who is not a cars}dent of the United States. XXIV- WAIVIER OF SURRUGAT!©iV Paragraph A.S. in SECTION 1v-BUSINESS AUTO CONDITIONS does eat apply to arty persaun or organization where the Named Insured has agreed, by written contract executed prior to the date of accident, to wrive rights of recovery against such person ar organization. "Includes sapyrighted material of lnstrrance Services Offtce, Inc,, with its permission" WA8S10 Capydght X008 Liberty Mutual Group of Companies. Ail rights reserved. Page 10 of 11 01-09 Pteml~ Liability $'~13 FC Physical DarnaSe $'~ 75 ~~ Total Premium $I ~ 188 FLAT CHARC3 V. Fellow Employee Schedule of Employees; RNY Ole' YOtJtt OFFIG'ERS OR t~AGERS XIX. Dcive Other Cer Name at Lidly#dual 110T APPLICABLE Schedule L#AB ~+IP UM UIM COMP COLL XXi1. Notloe of Catrrellat#on or Noz•~+enewal Name and Addregs Nnm#~er o~ llays 30 f TIiIS ENTD08SENlF1~fZ' APPI,I£S IN ALL STATES EXCEPT COIV~IECTYCi1T, FLORIDA, }CAWAIx, MASSAC~{iJSE7"C5, NEN XORK. FIJERTO RICE) AND V'IRGxNIA. Aolicy No:. .. Issued By: wausae~ vnc3erwziters insurance Comgatty Effeclive Date: EKplration Date: ' Sales Office: x949 WA8510 01-fl9 °Inciudes cnpyrigi~ted maieriai aP Insurance Services OfFce, Enc., with its perrriisslort" Copyright 7009 liberty Mutual Graup of Companies. A!I rights reserved. t Page 11 of i1 1 t Naeted Insured: Austin t;ngi~neerixig...CoQ...xac~ .. ... ..... .. . TEXAS WA~VEFi OF OAR R1CHT TO REGbVER IRON! OTHERS ENDORSEMENT This endorsement applies anly to mB insurance provided by the polfay because Texas is shown to i#em 3.A. of the tnfoimaklatt Page. We have the right to recover our payments tram anyone liable foi' an tnjuty covered by this pailoy. We will not enforce our right against the person ar argarttzatlon ttamBd In the 8chadule, but this waiver applies only with respeoi to bodily In)ury arising out of the aperattans described In the Schedule where you are required by a written contracf to obtain this waiver from us. Thts endorsement shall not operate directly ar Indirectly t4 benelit anyat~e not named in the Schedul~a. The premium for this endorsement is shown in the tscheduie. $ohettule ~#, t } Spacifia Waiver Name of person ar organization d (x} Blanket Waiver Arty person or organl~atlori for whom the #Vamed Insured has agreed by written contraa# to furnish this waiver 2, operatlans: ALFr TEXAS OF$RRTIQIaTB 3. premium; The premium charge for ibis endarsem®ni shall be 2 . o percent vi the premium developed on payroti in connection with want performed far the above persan(s} ar orgsnizaiton(sr arising aul of the 9peratlans described. 4. Advance Premium: 7hfs ondars4~nen1 is executed by the Wausau t]nderwrf t:e~~ ~[nsurance GempaY-y I6996 Premium ~ i:ltecilve Date 7-1-1D ~xpirattcn ~aie 7-1_l l Fot aktachmer~ fa Policy iVc. • WCJZ9145229U{?10 ~+ Caunlorsigned b, -- Aviharited i;epresentative l:nd. $arlal Nn. 14 Au k box ized Repxa sent at jve we a~ oa oa ,~ Pagaiatt ~d.1 /20011 ~~ T l Named Insured: Austin $ngineering Co. Inc. ' WAIVER ~F fi)UR RIGHT TO REC V R i=R ~.. ~~ ENT~^ We have #hs right to recavet' dur aymants fram anyone i'ta6te for an injury covered lay this poilcy, Ws will-not enforce our ri tat against ~he person ar organization named to the Schedule. 'Rtils agreement appttes eniy to the extent that yatr perform work utader a written contract that requires you to cbteln this agreement from us. `Chts agreement shall trot operate cfireoily flr Indtreatiy to benefit anyone root named to the Soheduie, Schedule AMY PBRSQI~T OR Oai~GA1~iIZAT~CON irtfiERE THE NAMED INSURER HAS AGREED 8Y tRRIT!'SN' t CON'PRACT 8lCECUTBD PRIOR TC1 TEtE I}ATE Off` THE ACCIDEI-PP, '1`O i~AIVB 1tIGR'T`3 QP RECaVERY At3,AIN8T St3CH PERSONS OR O~ANI2ATIQN. xN 'PHE STA'T'E OF T,QCTI5SANA AND i~iV MEXICO THE PREt~xtfi~S CtiARGJi FOR TFiI3 F.MOQRfiLMEN'P SHAIe~ 8E 29b OF THE PRLbIIt3e3 gBVBi.OPED QN PAYROLL IN GdNNSCTI02+{ 6VYT1[ S40R#t: PERFORMED FOR TEtE A84tfE PEI~$ONS OR f}RGANx'LATIOi1~5, SUBJEC'P 'T'O A MZNIMEIM ~tEt+SxiTd! OT' ~0 T'ER esazSO~, ORGANIZATZOI~a OR 30B . 7h1s endorsement Isexeculed by the t~ausart rfnder~r~.t:ers Insurances Cvmpa~y 1899Er Premlutr- ~ tcflecttve Date 7-I-lfl Expfratton Date 7-I-11 Farattachhmentle PoliayPla.! WCJZ91~S2290010 Cavnter5tgnad Aulhatzed Representattva end. Bsrlal Na. ]. Author~.zed Represea~.at3~ve we a~ o01 a Page l of 1 t=_a. og~~o~2oao