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C2010-464 - 7/20/2010 - Approved
DRAWING NO: WTR - 399 1 KST Electric SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR O.N. Stevens Water Treatment Plant Process Monitoring Instrumentation and Automation Improvements 5656 S. Staples, Suite 110 Corpus Christi, Texas 78411 Phone: 361/992-2284 Fax: 361/992-2287 A Texas Registered Engineering Firm 4862 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 1 PROJECT NO: 8600 BRIAN S. KELLY /0 2010 -464 M2010 -184 07/20/10 OFrE-,l'+, • s:I i •. r WILLIAM B. START( J / 100532 : c • t�•. �!CENSE�' .4 (Revised 7/5/00) O.N. Stevens Water Treatment Plant Process Monitoring Instrumentation and Automation Improvements PROJECT NO. 8600 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services 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 17 Field Office (Not Used) A -18 Schedule and Sequence of Construction A 19 Construction Staking (Not Used) A -20 Testing and Certification A 21 Project Signs (Not used) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) • A -24 Surety Bonds A 25 Salca Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A -28 Considerations for Contract Award and Execution A -29 Contractor's•Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -36 Other Submittals (Revised 9/18/00) A -38 Worker's Compensation Government Entities A -39 Certificate of Occupancy and Final Acceptance A -40 Amendment to Sect -ion B -8 -6: Partial Estimates (Not Used) Coverage for Building or Construction (Not Used) Projects for A 11 Ozone 7ldvioory (Not Used) A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7 /5/00) (Not Used) A -47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8 /24/00) A -50 Amended Prosecution and Progress A 51 (Not Used) A -52 Errors and Omissions PART B GENERAL PROVISIONS PART C FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Division 1 SECTION 01100 - SUMMARY OF WORK SECTION 01101 - EQUIPMENT DOCUMENT REQUIREMENTS SECTION 01200 - PROJECT COORDINATION SECTION 01300 - SUBMITTAL PROCEDURES SECTION 01600 -- MATERIAL AND EQUIPMENT SECTION 01610 - SYSTEM IDENTIFICATION AND NAMETAGS SECTION 01700 - CONTRACT CLOSEOUT PART T - TECHNICAL SPECIFICATIONS Division 02 SECTION 02 41 00 Division 03 SECTION 03 30 00 Division 22 SECTION 22 11 16 Division 26 SECTION 26 05 00 SECTION 26 20 00 CUTTING, PATCHING AND DEMOLITION WORK CAST IN PLACE CONCRETE PLUMBING PIPING GENERAL WORK RESULTS FOR ELECTRICAL. LOW VOLTAGE ELECTRICAL DISTRIBUTION SYSTEM Division 27 SECTION 27 13 23 COMMUNICATIONS OPTICAL FIBER BACKBONE CABLING NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: O.N. STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS, PROJECT NO. 8600; consists of the removal of the existing field sampling equipment, existing bubbler -type level indication equipment, and other miscellaneous monitoring equipment; installation of new water quality monitoring analyzer systems with all associated probes, sensors, and mounting racks, new level transmitters; replacement of the existing network fiber -optic switches, and required replacement and re- termination of any existing fiber -optic cabling. The project will also include the civil work for contractors parking and laydown yard as noted in Addendum No. 1. The sequence of work shall require installation, startup, and full operation of the new systems in accordance with the plans, specifications, and contract documents. will be received at the office of the City Secretary until 2:00 p.m. on June 9, 2010, and then publicly opened and read. Any bid received after closing time will be returned unopened. A mandatory pre -bid meeting is scheduled for 10:00 a.m., Tuesday, June 1st, 2010 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS. Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURANCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage •8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -tern environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental .Insurance Requirements • REQUIRED ® NOT REQUIRED INSTALLATION FLOATER k See Section B -6 -11 and Supplemental Insurance Requirements Eh REQUIRED l NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. JThe name of the project must be listed under "description of operations" on each certificate of insurance. DFor each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation. of or material change on any coverage.. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the .Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS B NOTICE TO CONTRACTORS --B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS'- COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) —A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or -a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation .insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project_ (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers'' compensation insurance meeting the statutory requirements of the - Texas Labor Code, §401:011(44)_ (5) Coverage agreement --A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employe; and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7)- Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project; regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. ($)•Project-- Inchides the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all'employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleacijng .certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid•specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new .certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration.of the project; and (B) -no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that-the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end- of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the.project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a. person may verify current coverage and report failure to provide coverage. This notice does not satisfy -other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be. the following text provided by the commission on the sample notice, without any additional words Or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based.on proper reporting .of classification codes. and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage -to the contractor prior to that person beginning work on the project; - - (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage.period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate ofcoverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration ofthe project; (F) retain all required certificates of coverage on file-for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, withinten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of .classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work-on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing, this contract who will provide services on the project will be covered by workers' compensation coverage for the duration ofthe project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self - Insurance Regulation_ Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end ofthe coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the.eor±erage period - shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate•of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on.the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided.to the person for whom they are providing services. • (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end- the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid_ Page 6of11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to .Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406,097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20)_ This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T285110.110(d )(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers` compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or .other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or MCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless. of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, Motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of classificittion codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must.provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services an a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; . (3) provide the contractor, prior to the end of the coverage period a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project,- and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, - in the case of a self- insured, with the commission's Division of Self- Page 10 of 11 1 Insurance Regulation. Providing false 'or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions_ K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS O.N. STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS PROJECT NO. 8600; A -1 SECTION A - SPECIAL PROVISIONS Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity advertisement inviting bids for the project. Proposals the office of the City Secretary, located on the first 1201 Leopard Street, until 2:00 p.m., Wednesday, Jane mailed should be addressed in the following manner: with the official will be received in floor of City Hall, 9, 2010. Proposals City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: O.N. STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS, PROJECT NO. 8600; Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office.. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A mandatory pre -bid meeting will be held on Tuesday, June 1, 2010, beginning at 10:00 am. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas, and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project This project consists of the removal of the existing field sampling equipment, existing bubbler -type level indication equipment, and other miscellaneous monitoring equipment; installation of new water quality monitoring analyzer systems with all associated probes, sensors, and mounting racks, new level transmitters; replacement of the existing network fiber - optic switches, and required replacement and re- termination of any existing fiber -optic cabling. The project will also include the civil work for contractors parking and laydown yard as noted in Addendum No. 1. The sequence of work shall require installation, startup, and full operation of the new systems in accordance with the plans, specifications, and contract documents. A -4 Method of Award The bids will be evaluated based on the Total Base Bid subject to the availability of funds. Section A - SP (Revised 12 /15/04) Page 1 of 22 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous'to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1.5% Bid Bond (Must reference O.N. STEVENS WATER TREATMENT PLAN' PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS, PROJECT NO.8600 as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 210 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Section A - SP (Revised 12/15/04) Page 2 of 22 A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. — A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy and Building Wage Rates. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion .thereof, for Parh laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed.- The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and Showing the actual wages paid to each worker.. The Contractor will make bi- weekly certified payroll suhnittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for. Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1f) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revisers 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency When work.is anticipated to proceed in the vicinity of any facility by using the Dig Tess System 1- 800 - 344 -8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and the. Verizon Dig Alert at 1- 800 - 483 -6279. For the Contractor's convenience, .the following telephone rnmibers are listed. City Engineer Project Engineer Bath Engineering, neeri n , Inc . Traffic Engineering Police Department Water Department Wastewater Department . 826 -3500 361- 992 -2284 826 -3540 882 -1911 826 -1880 (826 -3140 after hours) 826 -1818 (826 -3140 after hours) Section A - SP (Revised 12/15/04) Page 3 of 22 as Depart Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP AT&T /S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) ICMC (Fiber Optic) Ciloicec an (Fiber Optic) c PROCK (Fiber optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 885 -6900 826 -1881 826 -3461 826 -1970 (885 -6900 after hours) (826 -3140 after hours) 299 - 4833.:. (693 -9444 after hours) 881 -2511 (1- 800- 824- 4424,after hours) 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 826 -1960 (857- 5060.after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility-of the Water Plant. This may include, but is not .limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this Section A - SP (Revised 12/15/04) Page 4 of 22 document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -].5 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken other unwanted material becomes the removed from the site by the Con considered subsidiary; therefore, Contractor. A -17 Field Office (NOT USED) asphalt, concrete, broken culverts and property of the Contractor and must be tractor. The cost of all hauling is no direct payment will be made to Thc Contractor muot furnish thc City Engineer or his representative with a field officc at the construction site. The field office must contain at leant 120 aquarc foot of useable apace. The fief, effioe mum bc air - oexditioncd and h atcd and must bc furnished with an inclined table that mcacurca at leant 30" x 60" and two (2) chairs. Thc Contractor shall move thc field office on thc oitc as required by thc City Enginccr or his representative. The field office merot be furniahcd with a telephone (nth 24 hour per day anowcring service) and FAX machine paid, for by thc Contractor. There is no separate pay item for thc field officc. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be Section A - SP (Revised 12/15/04) Page 5 of 22 submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. 6. The sequence of work shall require installation, startup, and full operation of the new analyzer systems prior to the removal of any existing equipment. Work does not include the integration and programming of the devices to the existing SCADA systems. Coordination with water department personnel will be required prior to removing any devices from service. A -19 Construction Project Layout and Control (NOT USED) The drawings may depict but not necessary .include: lines, slopes, grades, provided by the City or Consultant Project Enginccr. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. cost to the Contractor. Control points or bcnch marks damaged as a result of the Contractor's negligence will be restored by thc City or Consultant rrojcet Engineer at thc expense of thc Contractor. grade to properly execute the work., thc Contractor shall obtain approval of thc City or Consultant Project Enginccr prior to deviation. If, in the Thc Contractor shall tic ice. or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at Enginccr may require that the rContraotor furnish a maximum of two (2) Thc Contractor shall provide thc following certification for documentation Section A - SP (Revised 12/15/04) Page 6 of 22 licensed in the state of Tcxao retained and paid by thc Contractor. The Third Party R.P.L.E. shall be approved by thc City prior to any work. Any compliance to any regulatory permito.. Following io the minimum ochcdule of documentation required: streets: • street crowns on a 200' interval and at all intcrocctionc. Waotcwatcr: •- All intersecting lints in manholes; Water: • All top of valvca box; • Valvcs vaulto rim; tormwatcr: • All rim /invert elevations at manholco, • All intcroccting linca in manholco, • Casg cicvationa (top of pipe and flew line) (TXDOT and RR permits) . A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted .from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) The Contractor muot furnish and inotall 1 Project signo ao indicated on thc following drawings. (Attachment IV) The signo must be inotallcd before thc Contractor. The location of the signo will be determined in thc field by the City Engineer. A -22 Minority /Minority Business Enterprise-Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. Section A - SP (Revised 12/15/04) Page 7 of 22 b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies, combination of the foregoing under on a City contract. firm, partnership, corporation, herein identified as providing equipment, materials or any contract with a prime contractor c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and .subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which Section A - SP (Revised 12/15/04) Page 8 of 22 a minority joint venture partner has a 50.0°. interest, shall be deemed equivalent to having minority participation in 25.0'. of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work, to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation)• performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest Section A SP (Revised 12/15/04) Page 9 of 22 in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (1(A) 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 56) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (100) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) Ccction B G 22, Tax Exemption Provioion, is deleted in ito entirety and the following oubotitutcd in lieu thereof. Contracts for improvcmcnto to rcal property awarded by thc City of Corpus Christi do not qualify for exemptiono of Salco, Excioc, and Use Taxes unleoo Section 3.231 of Chapter 3, Tax Administration of Title 34, Public Finance of the Tcxao Admini3trativc Code, or ouch other rulco or rcgulation3 as may be If thc Contractor clecto to operate under a ocparatcd contract, he ohall. Other Chargco" in thc proposal form the incorporated into the Project. 3. Provide rcoalc ccrtifictia.tco to suppliers. coot of materials phyoically proposal value of matcrialo. mu3t pay for all Sales, Excioc, and Uoc Taxco applicable to thin Project. alms complies with thc above rcquircmcnto. The resale certificate to thc oubcontractor and the subcontractor, in turn, isouco a rcoalc certificate to his oupplicr. Contractor muot ia3uc a Section A - SP (Revised 12/15/04) Page 10 of 22 A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys'. fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Section A - SP (Revised 12/15/04) Page 11 of 22 Contractor must provide Installation Floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Installation Floater coverage must be an "A11 Risk" form. Contractor must pay all costs necessary to procure such Installation Floater insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of, the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Section A - SP (Revised 12/15/04) Page 12 of 22 Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the, major components of the work;. 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; Section A - SP (Revised 12 /15/04) Page 13 of 22 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend. the Mandatory Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In 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 Section A - SP (Revised 12/15/04) Page 14 of 22 plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Reciirements A. Visitor /Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying their prior attendance at a Visitor /Contractor Safety Orientation Program conducted by the City Water Department Personnel. A Visitor /Contractor Safety Orientation Program will be offered by authorized City Water Department personnel for those persons who do not have such a card, and who desire to perform any work within any City water facility. For additional information refer to Attachment 1. B. Operation of City -Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. C. Protection of Water Quality The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. D. Conformity with ANSI/NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute /National Sanitation Foundation (ANSI /NSF) Standard 61 as described in the Standard Specifications.. Such materials include all solvents, cleaners, lubricants, gaskets, thread compounds, coatings, or hydraulic equipment. These items must not be used unless they conform with ANSI /NSF Standard 61 and unless such items are inspected on the site by authorized City personnel immediately prior to use. The Contractor shall provide the Engineer with copies of written proof of ANSI /NSF Standard 61 approval for all materials which could come into contact with potable water. E. Handling and Disposal of Trash All trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily. Section A - SP (Revised 12/15/04) Page 15 of 22 CONTRACTOR'S ON -SITE PREPARATION F. Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide company name and individual employee identification. Contractor shall provide telephones for Contractor personnel. Plant telephones are not available for Contractor use. H. Working hours will be 7 :00 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. J. All Contractor vehicles must be parked at designated site, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed at O. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. K. Contractor Qualifications - SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Any work to the computer -based monitoring and control system must be performed only by qualified technical and supervisory personnel, as determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardware and /or software specified or required by these specifications. The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: 1. He is regularly engaged in the computer -based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. 2. He has performed work on systems of comparable size, type, and complexity as required in this Contract on at least three prior projects. 3. He has been actively engaged in the type of work specified herein for at least 5 years. 4. He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrical Engineer to supervise or perform the work required by this specifications. 5. He employs personnel on this Project who have successfully completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. 6. He maintains a permanent,' fully staffed and equipped service facility within 400 miles of the Project site to maintain, repair, calibrate, and program the systems specified herein. 7. He shall furnish equipment which is the product of one manufacturer to the maximum practical extent. Where this is Section A - SP (Revised 12/15/04) Page 16 of 22 not practical, all equipment of a given type will be the product of one manufacturer. 8.. Prior performance at the 0. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. 9. The Contractor shall produce all filled -out programming blocks required to show the programming as needed and required, to add these two systems to the existing City SCADA system. Attached is an example of the required programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the required sheets. The Contractor will provide all programming blocks used. L. Trenching Requirements All trenching for this project at the 0. N. Stevens Water Treatment Plant shall be performed using a backhoe or hand- digging due to the number of existing underground obstructions. No trenching machines shall be allowed on the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducible: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Section A - SP (Revised 12/15/04) Page 17 of 22 g Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. J Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers" standard colors, textures, and patterns for City Engineers selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" (NOT USED) Conservation and Drought Contingency Plan as amended (the "Plan'L). Trio conditions. The City Engineer will provide a copy of thc flan to Contractor at L__ thc Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'Bl" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) The issuance of a ccrtifi ate of occupancy for improvcmcnta does not constitute final acceptance of the' improvements under Ccncral Provision B 8 9, A -40 Amendment to Section B -8 -6: Partial Estimates 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 Section A - SP (Revised 12/15/04) Page 18 of 22 documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory (NOT USED) Priming and hot mix paving operation muct not be conducted on dayo for which an ozone advioory has been issued, except for repaira. The City Engineer will notify Contractor about ozone alert. If a delay ouch ao thio io experienced, compensated at the unit price indicated in the propooal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As- Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of-direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: Section A - SP (Revised 12/15/04) Page 19 of 22 (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. .w. (5) Any other changes made. A -46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) The Contractor shall bc retiponsible for thc disposal of water will bc used for in the• water, particularly high levels of chlorine, used for agencies such as TNRCC, EPA etc. It will bc thc Contractor's responsibility all water used in the project. The methods of disposal shall bc submitted to thc City for approval. There shall bc no separate pay for diopooal of highly chlorinated water. Contracter Mall not use the City's sanitary sewer sy -tem . for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of. 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, Section A - SP (Revised 12/15/04) Page 20 of 22 T etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his _ construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such cost shall be addressed through a change order to the contract." A -51 (Not Used) A -52 Errors and Omissions The Contractor shall carefully check these specifications and the contract drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correction any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. Section A - SP (Revised 12/15/04) Page 2]. of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: O.N. STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS, PROJECT NO. 8600; OWNER: CITY OF CORPUS CHRISTI ENGINEER: BATH ENGINEERING, INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 22 of 22 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 20TH day of JULY, 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 KST Electric a Subsidiary of Rosendin Electric, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $1,828,992.39 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: 0.N.STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS PROJECT N0.8600 (TOTAL BASE BID: $1,828,992.39) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, 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. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 210 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. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPROVED � A�STO ; LEGAL By: 1 1 (/' V V VA�"� E Asst. City Attorney ME. Corporation) (Note If Person signing ..for corporation is not President, attach copy af authorization t0' sigr1 • CITY OF CORPUS CBRLSTI k By: Juan Perales, r.,P.E. Assistant City Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR KST Electric a Subsidiary of Rose din Electric, LLC By: j Title: i re.-41 %- 14215 SUNCREST RD. (Address) MANOR, TX 78653 (City) (State)(ZIP) 512/278 -8440 * 512/278 -8340 (Phone) (Fax) 41221L14...... AUTHORIZED ST COUNCI1....�... Page 3 of 3 Rev. Jun -2010 SECKTARV P R O P O S A L F O R M F O R O.N. STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS PROJECT NO. 8600 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVISED Proposal Form Page 1 of B ADDENDUM NO. 1 Attachment No. 9 Page 1 of 8 P R O P O S A L Place: Corpus Christi, Texas Date: June 9, 2010 Proposal Of KST Electric, A Subsidiary of Rosendin Electric, Inc. a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: O.N. STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS PROJECT NO. 8600 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: REVISED. Proposal Form Page 2o f 7 ADDENDUM NO. 1 Attachment No. 9 Page 2 of 7 O.N. STEVENS WATER TREATMENT PLAIT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS (BOND 2008) , PROJECT NO, 8600 I II III Iv v BID ITEM .QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM .EXTENSION BASE BID 1 LUMP SUM THE REMOVAL OF THE EXISTING TWENTY -FOUR (24) PNEUMATIC DOUBLE - DIAPHRAM SAMPLE PUMPS AND ALL ASSOCIATED ABOVE GROUND SAMPLE LINES ROUTED BACK TO THE EXISTING CHEMICAL ANALYZER INSTRUMENTATION AND UP TO THE LAB ROOM SINK LOCATED IN THE CHEMICAL BUILDING, THE REMOVAL OF FOURTEEN (14) ANALYZER INSTRUMENTS AND ASSOCIATED RACKS LOCATED IN THE CHEMICAL BUILDING BASEMENT, THE REMOVAL OF THE BUBBLER -TYPE LEVEL INDICATION SYSTEM FOR CLEARWELL #1, THE REMOVAL OF THE BUBBLER - TYPE LEVEL INDICATION SYSTEM FOR CLEARWELL #2, THE REMOVAL OF THE BUBBLER -TYPE LEVEL INDICATION SYSTEM FOR THE RAW WATER RECEIVING UNIT, THE REMOVAL OF FOUR (4) STREAMING POTENTIAL INSTRUMENTS AND ALL ASSOCIATED DEVICES AND WIRING IN THE SEDIMENTATION BASIN AREAS, AND THE REMOVAL OF ONE (1) CL2 ANALYZER AND THREE (3) PH METERS LOCATED ON CLEARWELL 11 INFLUENT PIPING. THE INSTALLATION OF TWENTY (20) NEW WATER QUALITY MONITORING ANALYZER SYSTEMS WITH ALL ASSOCIATED PROBES, SENSORS, AND MOUNTING RACKS, TWO (2) NEW ANALYZER SEEDS, NINE (9) NEW ANALYZER ENCLOSURES, NINETEEN (19) NEW SAMPLE PUMP SYSTEMS, ALL REQUIRED WIRING, TUBING, AND CONTROL PANELS FOR THE NEW ANALYZER AND SAMPLE PUMP SYSTEMS, AND THE INSTALLATION OF THE REQUIRED FIBER -OPTIC SWITCHES, CABLING, AND TERMINATIONS FOR THE COMMUNICATIONS OF THE NEW ANALYZER EQUIPMENT INTO THE EXISTING PLANT SCADA SYSTEM. THE INSTALLATION OF, AND ALL REQUIRED WIRING FOR, A NEW ULTRASONIC LEVEL TRANSMITTER TO BE LOCATED ON THE RAW WATER RECEIVING UNIT, THE RE- WIRING OF THE EXISTING LEVEL INDICATION TRANSMITTERS FOR CLEARWELLS #1 AND #2 INTO THE EXISTING PLANT MONITORING SYSTEM AND LOCAL LEVEL INDICATORS, THE RELOCATION OF THE EXISTING PLANT AIR AND PLANT WATER PRESSURE TRANSMITTERS AND ALL ASSOCIATED TUBING AND WIRING REQUIRED FROM THE CHEMICAL BUILDING BASEMENT INSTRUMENT RACKS TO AN ADJACENT WALL, THE REPLACEMENT OF THE EXISTING SCADANET AND PLCNET FIBER-OPTIC SWITCHES WITH NEW RACK -MOUNT MANAGED FIBER SWITCHES, AND THE REQUIRED REPLACEMENT AND RE- TERMINATION OF THE EXISTING FIBER - OPTIC CABLING TO ALLOW FOR OPTIMIZATION OF THE IN -PLANT FIBER OPTIC COMMUNICATIONS SYSTEM IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS. THE SEQUENCE OF WORK SHALL REQUIRE INSTALLATION, STARTUP, AND FULL OPERATION OF THE NEW ANALYER SYSTEMS PRIOR TO THE REMOVAL OF ANY EXISTING EQUIPMENT. WORK DOES NOT INCLUDE THE INTEGRATION AND PROGRAMMING OF THE DEVICES TO THE EXISTING SCADA SYSTEMS. COORDINATION WITH WATER DEPARTMENT PERSONNEL WILL BE REQUIRED PRIOR TO REMOVING ANY DEVICES FROM SERVICE. 005141 - $ L 1o51-[a.bb REVISED Proposal Form Page 3 of 7 ADDENDUM NO. 1 Attachment No. 9 Page 3 of 7 I II III IV V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEt4 EXTENSION ADDENDUM NUMBER 1 -- 2 490 SY NEW ROADWAY PER DETAILS AND SPECIFICATIONS AS PROVIDED WITH ADDENDUM NO. 1, COMPLETE IN PLACE PER SQUARE YARD. 1 p .iS D $ 41 Zi � 1ob D 3 2,900 SY EXISTING ROADWAY TO BE REHABILITATED PER DETAILS AND SPECIFICATIONS AS PROVIDED WITH ADDENDUM NO. 1, COMPLETE IN PLACE PER SQUARE YARD. 11.1S $ 5 +) $5Sto 4 0.3 AC CLEARING AND GRUBBING PER DETAILS AND SPECIFICATIONS AS PROVIDED WITH A D D E N D U M NO. 1 , COMPLETE IN P L A C E PER ACRE. 1 t1l "tS3,SO $ 4,45O -Op 5 2, 470 LF NEW CHAIN LINK FENCING PER DETAILS AND SPECIFICATIONS AS PROVIDED WITH ADDENDUM NO. 1, COMPLETE IN PLACE PER LINEAR FOOT. 11-17 $ 43 Op 6 120 LF REMOVE EXISTING TWIN 12" RCP AND REPLACE WITH NEW TWIN 18" RCP PER DETAILS AND SPECIFICATIONS AS PROVIDED WITH ADDENDUM NO. 1, COMPLETE IN PLACE PER LINEAR 1r00T. - 405- DO' $ '7i gap. pa TOTAL BASE BID - (ITEMS 1 TRAM 6) t REVISED J Proposal Form Page 4 of 7 $ p $z°I�D604 .ova ADDENDUM NO. 1 Attachment No. 9 Page 4 of 7 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond. (as required) for the faithful performance of this contract and a Payment Bond (as required) to . insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 210 calendar days from the date designated by a Work Order. ' The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): #1 (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name: By: (SIGNATURE) Address: 2411 Rand Morgan Rd. (P.O. Box) (Street) Corpus Christi, TX 78410 (City) (State) (Zip) Telephone: 5361) 248 -4901 NOTE: Do not detach bid from other papers. Fill in with inks and submit complete with attached papers. REVISED Proposal Form Page 5 of 7 (Revised August 2000) ADDENDUM NO. 1 Attacbment No. 9 Page 5 of 7 KST Electric 2411 Rand Morgan Road Corpus Christi, TX 78410 Fax To: K S T c L' F C T R x C Contract Administrator From: Chris Gerber, Company: Dept. of Engineering Services City of Corpus Christi, Texas Fax: (361) 826 -3501 Phone: Date: June 10, 2010 Project: TX26 -004 0.N. Stevens WTP Process NO. 8600 Re: Pages: Addenda Acknowledgement a Urgent a For Review la Please Comment 1J Please Reply fa Please Recycle Comments: In reference to the O.N. Stevens WaterTtreatment Plant Process Monitoring Instrumentation and Automation Improvements, Project No. 8600 proposal delivered by KST Electric on June 9, 2010 we would like to clarify that we, KST Electric, do acknowledge having received and reviewed addenda 2 and 3 prior to our bid submission. Should you have any questions or require further clarification please feel free to contact me at your convenience. Chris Gerber Director of South Texas Operations KST Electric 2411 Rand Morgan Road. Phone: (361) 248 -4901 Fax: (361) 248 -4906 Band No. 82202210 PERFORMANCE BOND STATE OF TEXAS KNOW ALL BY THESE PRESENTS ;: COUNTY OF NUECES S THAT KST Electric a Subsidiary of ,ROsendin Electric Inc. of TRAVIS County, Texas, hereinafter called. "Principal", and Pacific Indemnity Company , a corporation organized under the laws of the State of. Wisconsin 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, EIGHT HUNDRED TWENTY-EIGHT THOUSAND, MM. HUNDRED NINETY -TWO AND 39/100 ($1,828,992 39) DOLLARS, lawful money of the United States, to be paid. in Nueces CoiLXnty, Texas, for the payment of which suin made and truly to be ade we bind ourselves, our heirs, executors, administrators and successors., jointly and severally, firmly by these. presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 20TH of uuY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: 0.N.STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS PROJECT .NO.8 600: (TOTAL BASE BID: $1.,828,992.39) 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 CO year from the date of completion and acceptance of improvements by the City, then this obligation •shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension Of time, alteration or addition to the terms of the contract:, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's .Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent. Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance. Code. IN WITNESS WHEREOF, this instrument is executed in 4. copies, each one of which shall be. deemed an original, this the 28th day of July , 2010 .. PRINCIPAL KST Electric a subsidiary of Rosendin Electric, Inc. By: Ke c -(-t-►- tAmt,.h Sbt1 r s i (Print Name & Title) ATTEST - l4s lc Ass- P tvl (Print Name & Title) SURETY Pacific Indemnity Company Attorney —in -fact Lisa M. Lucas Agency: Contact Person: Address: Phone Number: NOT REQUIRED (NOTE.: Date of Performance Bond must not be prior to date of contract) (Revised 3 /08) Performance Bond Page 2 of 2 Bond No. 82202210 STATE OF TEXAS § COUNTY OF NUECES §' P.AYSEN T BOND KNOW. ALL BY THESE PRESENTS: THAT KST Electric a Subsidiary, of Rosendin Electric. 9nc. of TRAVIS, County, Texas -, hereinafter called "Principal ", and Pacific indemnity Company. a corporation organized under the laws of the State of Wisconsin and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus .Christi., a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE MILLION, EIGHT HUNDRED TWENTY -EIGHT THOUSAND, NINE HUNDRED NINETY- TWO AND 39/100($1,828,992.39) DOLLARS, lawful money of the United States, to be paid. in Nueces County, Texas, for the payment of which sera well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 24TH. day JULY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of 0. N . STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS PROJECT NO.8+600 (TOTAL BASE BID: $1,828,992.39) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be: made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED :i ukTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change., extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements Of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of 'Texas. The terms "Claimant "., "Lab ©r" and "Material ", as used herein acre In ae•cordance with and as defined in said Article. The undersigned •agent is hereby designated by the. Surety herein as the Agent Resident in N.uece.s County to whom any requisite notices may be .delivered and on whom service of process may be had in matters arising out of such suretyship, as provided. by Art 7.19.1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 28th day of July , 20 10 . PRINCIPAL KST Electric, a subsidiary of Rosendin Electric, Inc. By: 14 en" c.4-L. P re.si GL f ( Print Name & Title) 1 ATTEST SuSart Ccr1,Sf.e. {Print Name & Title) SURETY Pacific Indemnity Cornnany Ass+ P^- By: / ! • d Attorney-in-fact Lisa M. Lucas (Print Name} Agency: Contact Persom : Address: Phone Number: NOT REQUIRED (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: O. N. Stevens Water Treatment Plant Process Monitoring Instrumentation and Automation Improvements Project No. 8600 Surety Company: Pacific Indemnity Company Ladies /Gentlemen: I, Robert A. Walsh, Regional Surety Manager, hereby certify that the facsimile power of attorney submitted by Lisa M Lucas for KST Electric, a Subsidiary of Rosendin Electric, Inc., a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 28 day of July IA , 2010 Name: Robert A. Walsh Title: Regional Surety Manager Sworn and subscribed to before me on this 28 day of July 2010. SEE ATTACHED Notary Public State of My Commission Expires: CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT (y� V7,/-76. 1-.-6/--..•/-"- /7,4.... v: 44,--,17,/7`0. v: v-v; •r- •i -•r-•, is 6/7, _ .r•r: •i: v: State of California County of Contra Costa On July- 28, 2010 before me, Lisa M. Lucas, notary public Date Here Insert Name and Title of the Officer personally appeared Robert A. Walsh Name(s) of Signer(s) LISA M. LUCAS Commission # 1 71 6335 Notary. Public - California Alarneria County MyCo; nm. tires Jan 13, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - WITNESS my hand and official seal. C� Signature of Notary Public Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Pacific Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ individual © Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800 -876 -6827) RIGHT THUMBPRINT OF SIGNER Top of thumb here Item #5907 Chubb, Surety tuu POWER Federal Insurance Company Aftn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint A.W. Brown, Lisa M. Lucas, William Phillips, Jr., Veronica Ramirez and D. Richard Stinson of San Ramon, California each as their true and lawful Attorney. in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. in witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 5th day of October, 2009. Kenneth'C. Wended 1, Assistant STATE OF NEW JERSEY County of Somerset On this 5th day of October, 2009 before me, a Notary Public of New Jersey. personally came Kenneth C. Wendel. to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof. that the seals affixed to the foregoing Power of Attorney are such corporate seals and were therein affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, .k., and was thereto subscribed by authority of said By- Laws and in deponents presence. STEPHEN B. BRADT Noiltuy Public, Stele of New Jamey No. 2321097 Commission Expires Oct. 25,2014 CERTIFICATION Extract from the By- Laws of FEDERAL. INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: RI powers of attorney for and on behalf of the Company mayand shall be executed in the name and on behalf of the Company, either by the Chairman or the President or is Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Cornpany and eny.such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached.' I. Kenneth C. Wendel. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that (1) the foregoing extract of the By- laws of the Companies is. true and correct, (u) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (itt) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this July 28, 20 10 Notary Public ;4`.., Kenneth C. e3, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AiTHENTiCIT1r OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903 - 3493 Fax (906) 903- 3656 e -mail: surety tchttbb.con Form 15-10-0225B- U (Ed. 5- 03) CONSENT r (0 C 74 C CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT • _ , .r. v-. _ : r is �.,:' :-v /• .. • - .r.r • • _ ./7.,.. 47' State of California County of Contra Costa On 1 126 I tot o Date before me, Patricia Burdock, Notary Public Here Insert Name and Titre of the officer personally appeared Lisa M. Lucas Name(s) of Signer(s) PATRICIA BURDOCK Commission # 1884371 Notary Public - California Contra Costa County Comm. Expires Mar 28, 2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Place Notary Seal Above Signature of Notary is Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here NZ, ti � •••. � ���...` �� •yam, © 2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1-800- 876 -6827) Item #5907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT r C r State of California County of Contra Costa On 7 j z D 12010 before me, ate } Patricia Burdock, Notary Public personally appeared Lisa M. Lucas Here Insert Name and Titte of the Officer Name(s) of Signer(s) PATRICIA BURDOCK Commission • 1884371 Notwy PubUC • Caiibmia COMM Costa County - Comm. ie fa'i Mar 2S. 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 9 2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800- 876 -6827) RIGHTTHUMBPRINT OF SIGNER Top of thumb here Item 65907 P A Y M E N T B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT KST Electric a Subsidiary of Rosendin Electric. LLC of TRAVIS County, Texas, hereinafter called "Principal ", and a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", 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 MILLION, EIGHT HUNDRED TWENTY -EIGHT THOUSAND, NINE HUNDRED NINETY - TWO AND 39/100($1,828,992.39) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 20TH day JULY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: 0.N.STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS PROJECT NO.8600 (TOTAL BASE BID: $1,828,992.39) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 2 0 PRINCIPAL By: (Print Name & Title) ATTEST - (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) Resident Agent of the Surety in Nueces County, ::Texas, .. for service of process is: tie 144W? sot ce ,a Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 P E R F O R M A N C E BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT KST Electric a Subsidiary of Rosendin Electric, LL.0 of TRAVIS County, Texas, hereinafter called "Principal ", and , a corporation organized under the laws of the State of — and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of ONE MILLION, EIGHT HUNDRED TWENTY -EIGHT THOUSAND, NINE HUNDRED NINETY -TWO AND 39/100 ($1,828,992.39) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these, presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 20TH of JULY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: O.N.STEVENS WATER TREATMENT PLANT PROCESS MONITORING INSTRUMENTATION AND AUTOMATION IMPROVEMENTS PROJECT N0.8600 (TOTAL BASE BID: $1,828,992.39) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) - year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 delivery `af Agency: Contact Person: Address: Phone Number: PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) _the Surety is Nueces` County, Texas, for ice an _service of process IS :7.. (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 City of us Chn SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. lithe question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: KST Electric, A Subsidiary of Rosendin Electric, Inc. 2411 Rand Morgan Rd. CITY: Corpus Christi FIRM IS: 1. Corporation © 2. Partnership ❑ 4. Association ❑ 5. Other ZIP: 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm? Name Job Title and City Department (if ]mown) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Title N/A 3. State the names of each "board member" of the City- of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A REVISED Proposal Form Page 6 of 7 ADDENDUM NO. 1 Attachment No. 9 Page 6 of 7 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION — I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. — Certifying Person: Chris Gerber (Type or Print) Signature of Certifying Person: Title: Division Manager, South Texas Operations DEFINITIONS Date: June 9, 2010 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation_ g. REVISED Proposal Form Page 7 of 7 ADDENDUM NO. 1 Attachment No. 9 Page 7 of 7 /� colt Q M �� CERTIFICATE OF INSURANCE ISSUE DATE 08/24/2010 PRODUCER MGGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 81 1 Town and Country Lane, Suite 500 Houston, TX 77024 pHONE: 713-877 -8975 This certificate is issued as a matter of information only and confers no rights covveerage afforded by Holder. below. does not a"'snd, extend Or alter ti►e P COMPANIES AFFORDING COVERAGE Company Travelers Lloyds Insurance Company A INSURED KST Electric, Ltd. 14215 Suncrest Road Manor, TX 78653 Co $may Travelers Indemnity Co of CT Company Great American Insurance Company Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period Indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the polices described herein Is subject to all the terms, conditions and exclusions of such polides. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE _ POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY if ® Commercial General Liabmry ID Claims Made Cal Occurrence © Omens' Contractors' Pmlecllm p ® Ccntrachml Uab0lry General Aggregate Limit eppdeaper; © policy III Rapid Otocallen DTC07697M324TLCD8 11/01/2009 11/01/2010 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE $ 300,000 MEDICAL EXPENSE $ 5,000 PERS. AND ADVERTISING INJURY $ /1,000,000 $ 2,000,000 GENERAL AGGREGATE PRODUCTS AND COMP. OPER. AGG. $ 2,000,000 AUTOMOBILE LIABILITY © Any Aula mdrwa D AA Owned Automobiles Scheduled Automobiles ❑ Mind Aatamoblies ❑ NonamnedAuimnobiles 0 COMBINED SINGLE LIMIT $ BODILY INJURY (Per Demon) $ INJURY (Per acadent) $ PROPERTY DAMAGE_(Per ac identl $ COMPREHENSIVE COLLISION B WORKERS' COMPENSATION 17 AND EMPLOYERS' LIABILITY DTEUB7698M74A09 11/0112009 11/01/2010 _WC Statutory Limit IXI Other [ [ EL EACH ACCIDENT $ 1,000,000 EL DISEASE (Each employee) $ 1,000,000 EL DISEASE (Policy Limit) $ 1,000,000 C EXCESS LIABILITY 110 Occurrence ❑Claims Made i Relenlion/Dedaeitble 10.000 TUU0330189 -01 11/01/2009 11/0112010 EACH OCCURRENCE $ /1,000,000 AGGREGATE $ Y 1,000,000 $ $ 1 Project Name and Number: 8600 ONSWTP Process Monitoring Instrumentation Improvements The City of Corpus Christi is included as Additional Insured as respects General Liability as required by written contract, subject to the policy terms, conditions and exclusions. ti CERTIFICATE HOLDER City of Corpus Christi Department of Engineering Services J Attn: Contract Administrator P.D. Box 9277 Corpus Christi, TX 784ti9 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIU. ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative ' f Page 1 of 1 Cersfcale la# 8XP6DG8X ACORD re CERTIFICATE OF LIABILITY INSURANCE , DATE(MMIDDM''YY) 08/03/2010 TYPEOF INSURANCE PRODUCER LIC 40329370 1- 925 - 244 -7700 Edgewcad Partners insurance Centers (EPIC) [ San Ramon Branch] P. O. sox 5003 San Ramors, CA 94583 EPICaerta�edgewaadins .cam THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND ALTER THE COVERAGE AFFORDED BY THE POL CERTIFICATE EXTEND OR CIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURED %ST Electric, LTD P.O. Box 378 14215 Suricrest Road Manor, 'X 78653 7. INSURER A. TRAVELERS PROPERTY CAS CO OF AMER 25674 INSURER B: INSURER 0: EACH OCCURRENCE INSURER D: - ` INSURER E: DAMAGh 10 RENTED PREMISES (Ea occurence) ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR LTR INSRD ADD'L TYPEOF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE fMM1D [5 POUCY EXPIRATION DATEfMMIDDITh LIMITS GENERALLIABILTIY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 9 DAMAGh 10 RENTED PREMISES (Ea occurence) 9 CLAIMS MADE i OCCUR MED EXP (Any one person) $ PERSONAL &ADVINJURY $ GENERAL AGGREGATE $ GENLAGGREGATE LIMITAPPLIES PER: JECT I 1 LOC POLICY n PRO I l PRODUCTS - COMP/OP AGO $ j A AUTOMOBILE LIABILITY J ANYAUTO AU. OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNED AUTOS VTC23CAP9495A655 04/01/10 04/01/11 COMBINED SINGLE LIMIT /s (Ea accident) 1,000,000 X BODILY INJURY (Per person) X BODILY INJURY (Per accident) X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ I OTHER THAN EA ACC 9 AUTO ONLY: AGO $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR [ I CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ 9 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? Oyes, describe under SPECIAL PROVISIONS below WC STATU- I OTH- TORY LIMITS I ER E.L. EACH ACCIDENT $ E DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS !VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ADDITIONAL INSURED: City of Corpus Christi f CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non - Payment of Premium City of Corpus Christi Engineering Services Attn: Contracts Administrator P.O. Box 9277 Corpus Christi, TX 78469 J USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 5O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) atalebaadeh 16915819 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ACORpi,, EVIDENCE OF PROPERTY INSURANCE MTY42MX6 0717 2010 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS- RIGHTS AND PRIVILEGES AFFORDED UN DER THE POLICY. THE PRODUCER Ii NEs. Fs& COMPANY Hanover / • MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC, 811 Town and Country Lane, Suite 500 Houston. TX 77024 PHONE: 713 -877 -8975 CODE: i SUB CODE: cowmen to* INSURE KST Electric, Ltd. 14215 Suncrest Road Manor, TX 78653 • • LOAN NUMBER POLICY NUMBER ` \ I RHD4380501 01 v tFisECTIVE DATE 1 PJIPIRA1ION DATE 11101/2009 11/01/2010 Inland Marine Coverages: [J RA NUSO Ep u c TERp�IAT IF C.NECiCEb THIS REPLACES PRIOR EVIDENCE I TED: PROP LOCATIONIDESCRIPTION COVERAGE INFORMATION COVERAGEIPE3ILSIFORMS AMOUNT OP INSURANCE DEDUCTIBLE Building 55,454,500 $2,500 Personal Property $3,120,000 Business Income and Extra Expense $2,815,000 Inland Marine Coverages: Contractors Equipment $1,302,020 $5,000 Contractors Equipment Leased or Rented $250,000 Unscheduled items $50,00 Installation Floater. At any one Installation site $1,000,000/ $5,000 Catastrophe Limit At any one Storage Location $2,000,000 $5, 0 ,000 Any One Loss With Respect to Property in Transit $500,000 $500 ng Special Conditions CANCELLATION J THE POLICY -IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POUCY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICAFION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POUCY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST RACAEAND ADDRESS City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Comust Christi, TX 78469 -9277 AI ItDn 97 MAYA MORTGAGEE } INSURED �� LOAN II AUTHORIZED REPRESENTATIVE Page 1 of 1 ACORD CORPORATION 1993 KST ELECTRIC, LTD. PROPERTY COVERAGE /INST EPFECTLVE 11/1/09 -2010 1M441 -1046 0508 Page 1 of 1 Thrs endorsement changes "your" policy -- PLEASE READ THIS CAREFULLY — Loss Payee (The entnes required to complete this endorsement will be shown below or on the "schedule of coverages" ) Holders of certificates of insurance Issued against this policy that are shown as loss payees are added to "your" policy as their interest may appear as respects the property listed on the certificate 1212112009 11:30 AM gST ELECTRIC, LTD. PROPERTY COVERAGE /INSTALLATI* i'LOATER POUT EFFECTIVE 11/1/09-2010 AA!S CI. 0100 03 99 Page 1 oft t," COMMON POLICY CONDITIONS 1. Assignment -- This policy may not be assigned without "our" written consent. 2. Cancellation -- "You" may cancel this policy by returning the policy to "us" or by giving "us" written notice and stating at what future date coverage is to stop. "We" may cancel this policy, or one or more of its parts, by written notice sent to "yoti" at "your" last mailing address known to "us ". if notice of•canceiiation is mailed; proof of mailing will be sufficient proof of notice. if "we" cancel this policy for nonpayment of premium, "we" will give "you" notice at least ten days before the cancellation Is effective. If "we" cancel this policy for any other reason, ''we" will give ' you" notice at least 30 days in advance of cancellation. The notice will state the time that the cancellation is to take effect. "Your" return premium, if any, will be calculated according to "our" rules. It will be refunded to "you" with the cancellation notice or within a reasonable lime. Payment or tender of the unearned premium is not a condition of cancellation. 3. Change, Modification, or Waiver of Policy Terms — A waiver or change of the "terms" of this policy must be issued by "us" in writing to be valid. 4. Inspections — "We" have the right, but are not obligated, to inspect "your" property and operations at any time. This Inspection may be made by "us" or may be made on "our" behalf. An inspection or its resulting advice or report not warrant that "your" property or operations are safe, healthful, or in compliance with laws, rules, or regulations. inspections or reports are for "our" benefit only. 5. Examination of Books and Records -- "We" may examine and audit "your" books and records that relate to this policy during the policy period and within three years after the policy has expired. CL 0/000399 Copyright, American Association of Insurance Services, 1998 " -= m SOMM emmm rem EWE e=■1 MEM r. AEME o. Namm Electric, Ltd. Y Named Insured. KS T tric, General bility Pilicy AD •9714324TLC08 Effec. eJ11 /1/09 -201 J COMMERCIAL GENERAL LIABILITY THIS ENDO SEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LtABIUTY COVERAGE PART 1. WHO IS AN INSURED — (Section H) is-amended to include any person er organization that you agree in a "written contrast requiring insurance" to include as an addifionat insured on this Cover -. age Part, but: a) Only with respect to liability for "bodily injury". "property damage" or "persona) injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or you subcontractor in the performance of "your work' to which the "written contract .requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to-the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contra requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by, that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section lit— Limits Of Insurance. by The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, Including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders. or the preparing. approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, Inspection, architectural or engineering activities. CGD2460805 012076 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The Insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that 'other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectable 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional Insured under such "other insur- ance". 4. As a contrition of coverage provided to the additional insured by this endorsement: a) The additional insured, must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: ® 2005 The Si. Paul Travelers Companies, Inc. Page i 012 COMMERCIA1. GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" Is brought against the additional Insured, the additional Insured muss: I. Immediately record the specifics of the claim or `suit" and the date received; and it Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional Insured must Immediately send us copies of all legal papers received in connection with the claim or `suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit, and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any-written contract or agreement - under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the bodily injury" and "property damage" oc- curs and the "personal injury* is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that pad of the contract or agreement is in effect; and c. Before the end of the policy period. 0 2005 The St Paul Travelers Companies, Inc. CG 0246 08.05 POLICY NUMBER: VTC2JCAP9495A655 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form, This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "Insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Ceki\e'N-d; CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 El POLICY NUMBER: VTC2JCAP9495A655 charge, your policy will automatically provide the additional coverage as of the day the re- vision is effective in your state. 4. No Benefit To Bailee -- Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any per- son or organization holding, storing or trans- porting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insur- ance. For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other col- lectible insurance. However, while a cov- ered "auto" which is a "trailer"' is con- nected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a mo- tor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Li- ability Coverage is primary for any liability assumed under an "insured contract ". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy be- gan. We will compute the final premium due when we determine your actual ex- posures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed CA 00 01 03 06 003039 COMMERCIAL. AUTO for the balance, if any. The due date for the final premium or retrospective pre- mium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the begin- ning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: (1) A covered "auto" of the private pas- senger type is leased, hired, rented or borrowed without a driver for a pe- riod of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and posses- sions of the United States of America, Puerto Rico, or Canada or in a set- tlement we agree to. We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Cover- age Form or policy issued to you by us or any company affiliated with us apply to the same "accident ", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applica- ble Limit of Insurance under any one Cover- age Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to © ISO Properties, Inc., 2005 Page 9 of 12 POLICY NUMBER: VTCJCAP4495A655 This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects Cov- erage. H. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, A. 2. Duties In The Event Of Accident, Claim, Suit Or Loss, subparagraph a. is deleted and re- placed by the following: a. In the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "accident" or loss" including: (1) How, when and where the "accident" or "loss" occurred; (2) the "insured's" name and address; and (3) to the extent possible, the names and ad- dresses of any injured persons and wit- nesses. Your duty to give us or our authorized repre- sentative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; or 3. An executive officer or insurance man- ager, if you are a corporation. I. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 002104 COMMERCIAL AUTO Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. J. UNINTENTIONAL ERRORS OR OMISSIONS SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions; 2. Concealment, Mis- representation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. K. MENTAL ANGUISH SECTION V -- DEFINITIONS, Definition C. is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. CA T3 53 01 04 Copyright, The Travelers Indemnity Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 E•P-I -C August 19, 2010 EDOEWOOD PARTNERS Insurance Center City of Corpus Christi Engineering Services Attn: Contracts Administrator P.Q. Box 9277 Corpus Christi, TX 98469 RE: KST Electric, Ltd ON Stevens WTP Project To Whom it may Concern, In our capacity as an authorized agent of the Travelers Insurance Companies, and as insurance agent specifically to KST Electric, Ltd, we agree to provide the City of Corpus Christi with 30 days written notice of cancellation or non- renewal of the below referenced policy: Automobile policy #VTC2JCAP9495A655 issued by Travelers Property Casualty Company of America Policy period effective 04 /01/10, expiring 04/01/11. Please direct any questions you may have in this regard to my attention. Si erely, Carol L Cohn, CPCU, ARM, AMIM, Vice President ccohn@edgewoodins.com 9250244 -7709 3000 Executive Parkway, Suite 325. San Ramon, CA 94583 P: (925) 244 -7100 F: (925) 901 -0244 CA License 0629370 • • (3) An increase m hazard within the con- trol of the insured which would pro- duce an increase in rate, (4) Loss of our reinsurance covenng all or part of the nsk covered by the pol- icy, or (5) If we have been placed in supervi- sion, conservatorship or receivership and the cancellation is approved or directed by the supervisor, conserva- tor or receiver B The following condition is added and supersedes any provision to the contrary NONRENEWAL 1. We may elect not to renew this policy except, that under the provisions of the Texas Insur- ance Code, we may not refuse to renew this policy solely because the policyholder is an elected official 2 This Paragraph, 2., applies unless the policy qualifies under Paragraph 3. below If we elect not to renew this pohcy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days be- • m.� wIEMZ emma Owlsormi Carom ftemiLM .mac a� l or.w • • 0047118 fore the expiration date If notice is mailed or delivered less than 60 days before the expira- tion date, this policy will remain in effect until the 61st day after the date on which the no- tice is mailed or delivered Earned premium for any penod of coverage that extends be- yond the expiration date will be computed pro rata based on the previous year's premium 3. If this policy covers a condominium associa- tion, and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act, then we will mail or deliver written notice of nonrenewal, at least 30 days before the expiration or anniversary date of the policy, to a The first Named Insured, and b Each unit: owner to whom we issued a certificate or memorandum of insurance We will mad or deliver such notice to each last mailing address known to us 4. If notice is mailed, proof of mailing will be suf- ficient proof of notice 5. The transfer of a policyholder between admit- ted companies within the same insurance group is not considered a refusal to renew Page 2 of 2 t ISO Properties, Inc , 2006 IL 02 75 09 07 TRAVELERS Am. Named Insured: KST Elec = ic, Ltd W �f rs Compensatio IZy cy ctive: 11/1 - s POLICY NUM WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 01 [ F} TEXAS AMENDATORY ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3 A of the Information Page GENERAL SECTION B. Who Is Insured is amended to read You are insured if you are an employer named m Item 1 of the Information Page If that employer is a partnership or joint venture, and rf you are one of its partners or members, you are insured, but only in your capacity as an employer of the partnership's or joint venture's employees D State is amended to read State means any state or temtory of the United States of America, and the Distnct of Columbia .. - • -- PART ONE - WORKERS COMPENSATION INSURANCE E. Other Insurance is amended by adding this sentence This Section only applies if you have other insurance or are self-insured for the same loss F. Payments You Must Make This Section is amended by deleting the words "workers compensation" torn number 4 •• H. Statutory Provisions inerowe This Section is amended by deleting the words "after an injury occurs" from number 2 C. Exclusions Sections 2 and 3 are amended to add oava PART TWO- EMPLOYERS LIABILITY INSURANCE This exclusion does not apply unless the violation of law caused or contributed to the bodily injury Section 6 is amended to read 6 bodily injury occumng outside the United States of America, its territories or possessions, and Canada This exclusion does not apply to bodily injury to a citizen or resident of the United' States of Amenca, Mexico or Canada who is temporanly outside these countries D. We Will Defend This Section is amended by deleting the last sentence immie =•sue -- PART FOUR -YOUR DUTIES IF INJURY OCCURS Number 6 of this part is amended to read u 6. Texas law allows you to make weekly payments to an injured employee in certain instances Unless authorized by law, do not voluntarily make payments, assume obligations or incur expenses, except at your own cost PART FIVE- PREMIUM A Our Manuals is amended by adding this sentence In this part, "our manuals" means manuals approved or prescribed by the Texas Department of Insurance DATE OF ISSUE 11 -04 -09 ST ASSIGN Page 1 of 3 012545 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT_iNC 42 03 01 (F) /' POLICY NUMBER TEUB- 7698M74 -A -09) • C. Remuneration Number 2 is amended to read 2. All other persons engaged in work that would make us liable under Part One (Workers Compensation Insurance) of this policy This paragraph 2 will not apply if you give us proof that the employers of these persons lawfully secured workers compensation insurance E. Final Premium Number 2 is amended to read 2 If you cancel, final premium wiU be calculated pro rata based on the time this policy was in force Final premium will not be less than the pro rata share of the minimum premium PART SIX - CONDITIONS A. Inspection is amended by adding this sentence Your failure to comply with the safety recommendations made as a result of an inspection may cause the policy to be canceled by us C. Transfer of Your Rights and Duties is amended to read. Your rights and duties under this policy may not be transferred without our written consent If you die, coverage will be provided for your surviving spouse or your legal representative This applies only with respect to their acting in the capacity as an employer and only for the workplaces listed in Items 1 and 4 on the Information Page D. Cancelation is amended to read 1 You may cancel this policy You- must mail or deliver advance notice to us stating when the cancelation is to take effect 2. We may cancel this policy We may also decline to renew it We must give you written notice of cancelabon or nonrenewal That notice will. be sent certified mail or delivered to you in person A copy of the wntten notice will be sent to the Texas Workers' Compensation Commission 3 Notice of cancelahon or nonrenewal must be sent to you not later than the 30th day before the date on which the cancelation or nonrenewal becomes effective, except that we may send the notice not later than the 1 Oth day before the date on which the cancelation or nonrenewal becomes effective if we cancel or do not renew because of a. Fraud in obtaining coverage, b. Misrepresentation of the amount of payroll for purposes of premium calculation, c. Failure to pay a premium when payment was due, d. An increase in the hazard for which you seek coverage that results from an action or omission and that would produce an increase in the rate, including an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that is under your control, e A deteemnation by the Commissioner of Insurance that the continuation of the policy would place us in violation of the law, or would be hazardous to the interests of subscnbers, creditors, or the general public 4. If another insurance company notifies the Texas Workers' Compensation Commission that it is insuring you as an employer, such notice shall be a cancelation of this policy effective when the other policy starts DATE OF ISSUE 11-04-09 ST ASSIGN . Page 2 of 3. TRAVELERS J� WORKERS COMPENSATION AND EMPLOYERS UABIUTY POLICY ENDORSEMENT WC 42 03 01 (F) POLICY NUMB IR (DTE tom- 7698M74 -A -09 ) PART SEVEN -OUR DUTY TO YOU FOR CLAIM NOTIFICATION A Claims Notification We are required to notify you of any claim that is filed against your policy Thereafter we shall notify you of any proposal to settle a claim or, on receipt of a written request from you, of any administrative or judicial proceeding relating to the resolution of a claim, including a benefit review conference conducted by the Texas • Workers' Compensation Commission You may, in writing, elect to waive this notification requirement We shall, on the written request from you, provide you with a list of claims charged against your policy, payments made and reserves established on each claim, and a statement explaining the effect of claims on your premium rates We must furnish the requested information to you in writing no later than the 30th day after the date we receive your request The information is considered to be provided . on the date the information is received by the United States Postal Service or is personally delivered COMPLAINT NOTICE SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE POLICY IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE TEXAS DEPARTMENT OF INSURANCE, P O BOX 149091, AUSTIN, TEXAS 78714 - 9091, FAX # (512) 475 -1771 THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS POLICY DATE OF ISSUE 11- 04-09 ST ASSIGN Page 3 of 3 ai2a46