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C2010-474 - 10/12/2010 - Approved
2010 -474 M2010 -241 10/12/10 Frisco Construction Svcs. SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR CEFE F. VALENZUELA LANDFILL SECTOR 'IA LINER & LEACHATE COLLECTION SYSTEM Prepared by: Chiang, Patel & Yerby, Inc_ 1820 Regal Row, Suit 200 Dallas, Texas - 75235 Phone -- 214 -638 -0500 Fax -- 214-638-3723 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3500 Fax: 361/826 -3501 PROJECT NO: 5276 CEFE F. VALENZUELA LANDFILL SECTOR IA LINER & LEACHATE COLLECTION SYSTEM PROJECT NO. 5276 TABLE OF CONTENTS Cover Page Signatures (Specifications prepared by) Table of Contents 1-4 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 /Incentive Allowance. 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 Ficld Office (NOT USED) TOC -1 A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A 21 Project Signu (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) ( USED) A -24 Surety Bonds A 25 Sales Tax Exemption (NO LONGER APPLICABLE) A -26 Supplemental Insurance Requirements ` - - (NOT USED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract' Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents (NOT USED) A- 36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities • A-40 Amendment to Section B -8-6: Partial Estimates A -41 Ozone "dam v g (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As -Built Dimensions and Drawings (7/5/00) (NOT USED) (NOT USED) (NOT USED) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A -50 Errors and Omissions A -52 Geotechnical Investigations A -53 Daily Construction Reports A 55 Permits (NOT USED) A 56 Amended "Prosecution and Progress" A 57 Dewatering TO.0 - 2 (NOT USED) (NOT USED) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART T - TECHNICAL SPECIFICATIONS DIVISION 1 — 01010 01051 01092 01150 01153 01165 01200 01300 01310 01370 01400 01410 01500 01510 01600 01700 01720 01750 GENERAL PROVISIONS — Summary of Work ..1 -3 — Grades, Lines, and Levels 1 -2 — Abbreviations 1 -5 -- Measurement and Payment 1 -2 -- Change Orders 1 -3 — Stormwater Management and Control 1-4 — Project Meetings 1 -1 — Submittals 1 -5 — Construction Schedules 1 -3 — Schedule of Values 1 -2 — Quality Control 1 -2 — Testing Laboratory Services 1-4 — Temporary Facilities & Controls 1-4 - Protection of the Environment 1 -3 — Material and Equipment, 1 -5 — Contract Closeout 1 -3 — Project Record Documents 1-2 — Warranties and Bonds 1 -2 DIVISION 2 — SITE WORK 02100 — Site Preparation 1 -2 02140 -- Dewatering and Seepage Control 1 -3 02200 — Earthwork 1 -5 02223 — Trench and Excavation Safety Systems . . 1-4 02225 - Trenching, Backfilling, Embedment and Encasement 1-4 02227 — Waste Material Disposal 1 -2 02231 - Drainage Aggregate 1 -2 02250 — Compacted Clay Liner 1 -3 02256 — Protective Soil Cover 1 -2 02535 -- Repair of Pavement 1 -3 02745 -- Leachate Collection System 1-4 02778 -- HDPE Geomembrane 1 -15 02800 - Geotextile Material 1-4 02801 — Drainage Geocomposite Material 1 -5 025222 — Crushed Limestone Flexible Base 1 -2 025404 - Asphalts, Oils, & Emulsions (S29) 1 -16 025412 — Prime Coat (S30) 1 -2 025424 — Hot Mix Asphalt Concrete Pavement (S34) 1 -7 025802 — Temporary Traffic Controls during Construction 1 -5 TABLE OF CONTENTS (CONTINUED) 025807 — Pavement Markings (S-45) 1 -3 DIVISION 3 — CONCRETE 027402 — Reinforced Concrete Pipe Culverts (8-60) 1-4 03100 — Concrete Formwork 1 -3 03200 -- Concrete Reinforcement 1 -2 03300 — Cast-in-Place Concrete 1 -15 DIVISION 11 — EQUIPMENT 11300 — Leachate and Groundwater Pumps 1 -14 DIVISION 15 — MECHANICAL 15065 — Polyethylene Pipe and Fittings 1 -3 DIVISION 16 — ELECTRICAL 16010 — Electrical General Provisions 1 -10 16012. — Identifications 1 -2 16020 - Utilities 1 -1 16073 — Hangers and Supporters for Electrical. Systems 1 -5 16110 — Raceways 1 -5 16120 — Conductors 600V and Below 1 -5 16191 — Miscellaneous Equipment 1 -3 16289 — Transient Voltage Suppression 1-4 16360 — Underground Duct Banks 1 -3 16445 — Panelboards — Distribution and Branch Circuit 1-4 16450 — Grounding 1 -5 APPENDIX 1 -- SOIL AND LINER QUALITY CONTROL PLAN (SLQCP) APPENDIX 2 — STORM WATER POLLUTION PREVENTION PLAN (SWPPP) LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CEFE F. VALENZUELA LANDFILL SECTOR 1A LINER & LEACHATE COLLECTION SYSTEM (PROJECT NO. 5276) consists of the construction of landfill Sector 1A including preparation of sub - grade, compacted clay liner, leachate collection and conveyance system, groundwater collection under drain, pumps and required power distribution lines, installation of geosynthetic liner and drain layer components; installation of leachate collection system, dewatering controls, construction of required drainage control structures, extension of asphalt perimeter access road and other related drainage controls and structures for Chute 1 in accordance with plans, specifications and contract documents. Bids will be received at the office of the City Secretary until 2 :0.0 p.m. on Wednesday September 8, 2010, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m., Wednesday September 1, 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 Christ., TX. A bid bond in the amount of 50 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 59s-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 w 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 1 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 OCCURRENCE / 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 Liability 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-term 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 X NOT REQUIRED INSTALLATION FLOATER • See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED X 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. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS B r NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building or construction project must be covered by worker's compensation insurance, authorized self - insurance, or an approved worker's compensation _coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranty period. Motor carriers which are required to register with the Texas Department of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not provide 1 of the 3 forms of worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed incorporated into the project contract. Please - note that under section 110.110: 1. certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. the Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3. the Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that it will timely comply with these Notice to Contractors "B" requirements. NOTICE TO CONTRACTORS -- B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time.from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)-With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide.a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the Ianguage 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 Graphi c 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 fling 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 Actor other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text 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 of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of 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 of the coverage period shown on its current certificate of coverage, anew certificate showing extension of coverage, if the coverage period shown on the certificate of coverage .ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the - project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i). a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (0) 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. (1) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110 (d) (7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC-83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning 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 §406096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall 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_ L 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 front 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) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self= Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the . contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART -A SPECIAL PROVISIONS CEFE F.VALENZUELA LANDFILL SECTOR lA LINER & LEACHATE COLLECTION SYSTEM PROJECT NO. 5276 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m.,Wednesday September 8,2010. Proposals mailed should be addressed in the following manner: City of Corpuo Christi City Secretary's Office City sccrctary'o Offico City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - CEFE F. VALENZUELA LANDFILL SECTOR lA LINER & LEACHATE COLLECTION SYSTEM, PROJECT NO. 5276 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 pre -bid meeting will be held on 10:OOam, Wednesday, September 1, 2010. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements: If requested, a site visit will, follow. No additional or 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 CEFE F. VALENZUELA LANDFILL SECTOR lA LINER & LEACHATE COLLECTION SYSTEM (PROJECT NO. 5276) consists of the construction of landfill Sector 1A including preparation of sub - grade, compacted clay liner, leachate collection and conveyance system, groundwater collection underdrain, pumps and required power distribution lines, installation of geosynthetic liner and drain layer components; installation of leachate collection system, dewatering controls, construction of required drainage control structures, extension of asphalt perimeter access road other related drainage controls and structures for Chute 1 in accordance with 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 9/18/00) 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 CEFE F. VALENZUELA LANDFILL SECTOR 1A LINER & LEACEATE COLLECTION SYSTEM PROJECT NO 5276 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 Time of Completion: The working time for completion of the Project will be 250 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, $1,000 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 9/18/00) 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 Construction. 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 each 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 submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 1/2) 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 (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1- 800 - 344 -8377, the Lone Star Notification Company at 1- 800 - 669 -8344, and the Verizon Dig alert at at 1- 800 - 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer Chiang, Patel & Yerby, Inc. Frank E. Pugsley, P.E. Traffic Engineer Police Department Water Department Wastewater Services Department 1 826 -3500 214 -638 -0500 (Fax 214- 638 -3723) 826 -3540 886 -2611 826 -1881 (826 -3140 after hours) 826 -1800 (826 -3140 after hours) Section A - SP (Revised 9/18/00) Page. 3 of 22 Gas Department Storm Water Parks & Recreation Solid Waste Services AEP SBC / AT &T City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) Onyx Pipeline Co. Duke Energy Field Services Enterprise Products KOCH Pipeline Co.LP Copano Field Services Crosstex Energy Services 885 -6900 826 -1875 826 -3461 826 -1940 1- 877 -373 -4858 (885 -6900 after hours) (826 -3140 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 361 -884 -7878 361- 325 -9336 361 - 693 -1019 361- 241 -5624 361- 668 -8580 361 - 299 -4000 826 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 - 1679). (Pager 850 -2981) (Mobile) 281 - 550 -7533 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. 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. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet. weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but Section A - SP (Revised 9/18/00) Page 4 of 22 is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the Standards and Practices as adopted available through the City's Traffic secure the necessary permit from the All costs for traffic control are payment will be made to Contractor. City of Corpus Christi's Uniform Barricading by the City. Copies of this document are Engineering Department. The Contractor shall City's Traffic Engineering Department. considered subsidiary; therefore, no direct A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of-job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material .from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A 17 Yield Office (NOT USED) acct of usooblc space. The field efficc munt be air eetiened and. heat A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. Section A - SP (Revised 9/18/00) Page 5 of 22 The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to.the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A -19 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and bench marks required for setting up a project, If not shown on the drawings, will be provided by the City Surveyor. The Contractor will furnish all lines, slopes and measurements for control of the work. To satisfy reporting requirements of the Texas Commission on Environmental Quality on the project, there will be a 50 foot grid established for survey verification of Sector 1A. The following components shall be verified; a. Sector 1A - Compacted Clay Liner. b.Sector 1A - Drainage Layer. c. Sector. 1A - Protective Cover Layer. d. DRAINAGE STRUCTURES ASSOCIATED WITH CHUTE 1 - Invert elevation every 20'. The Engineer will provide the Contractor with an electronic spreadsheet of the grid in Microsoft Excel format. The Engineers' surveyors will check all grid points to verify the thickness of each of the liner system components. The Contractor will provide the engineer with two working days notice when a particular system component is ready to be checked. Any points identified by the survey check that require adjustment shall be brought to the proper elevation by the Contractor and shall be re- surveyed. The additional survey costs shall be paid for by the Contractor. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City Surveyor 48 hours notice so that alternate control points can be established by the City Surveyor as he deems necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City Surveyor at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City Engineer to revise the drawings. 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. Section A - SP (Revised 9/18/00) Page 6 of 22' (NOT VSED) The Contractor must furnish and install Project signs as indicated in Ctandard Contractor. The location of the Engineer. u_ signs will be determined in the field by the City A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, . association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other'persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific 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 Section A - SP (Revised 9/18/00) Page 7 of 22 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 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 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 -tb submit overall participation information as required. A 23 Innpcctionr Required (Rcviacd 7/5/00) (NOT USED) Section A - SP (Revised 9/18/00) Page 8 of 22 and to aaourc a final inspection after the building io completed and ready for • ,Section B 6 2 of the Ccncral Provisions is hereby amended in that thc Contractor and all other City fees, including water /waotcwatcr meter fees and tap feed as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3.4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds . ten percent (10 %) of the Surety Company's capital and surplus with 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 (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond, must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NO LONGER APPLICABLE) Section B 6 22, Tax Exemption Provision, is deleted in its entirety and tho following substituted in lieu thereof. Contracts fer imprevcmcato to real preperty awarded by the City of Corpuo Christi do not qualify fer cs€c and-Use-Taxes-unless the Cdr Public Accounts of Tcxao. If the Contractor cicets te'operatc udder a oepar ez Charges" in the prepeaal fern the cost of materials physically incorporated into thc Project. 3. Provide rcaale ccrtificatc3 to oupplicra. value of matcrialo. If the -- Contractor does not elect to operate under a ocparated contract, he must pay for all Sales, Excise, and Esc Taxes applicable to thin Project. Section A - SP (Revised 9/18/00) Page 9 of 22 complies with the abeve r ementc. certificate to the subeentraeter- and the certificate to his oupplicr. A -26 Supplemental Insurance Requirements The Contractor must subcontractor, in turn, ioouco a resale ion= a rcoalc 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. (NOT USED) aragraph (a) Cenral Liability of Section B re 11 of the Cenral Provi3iona is amended to include: Contractor muot provide builder -to risk insurance coverage for the term of the Contract up to and including the date the City finally acccpto the Project or Section A - SP (Revised 9/18/00) Page 10 of 22 all coots nccesoary to procurc ouch builder's rink insurance covcragc, • 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 the day -to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foreman, if utilized, must 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 matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is Section A - SP (Revised 9/18/00) Page 11 of 22 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; 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. Section A - SP (Revised 9/16/00) Page 12 of 22 9. Documentation as required by Special Provioion 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 Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case �f conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special, Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. a1. visitor /Contractor Orientation (NOT USED) Prior to performing wor]c at any City water facility, the Contractor, hia Section A - SP (Revised 9/18/00) Page 13 of 22 Peroonncl. A Visitor /Contractor Safety Orientation Program will be offered by authorised City Water Dcpartmcnt peroonncl for thooc peroono Dcpartmcnt. C. Protection of Water Quality The City mutt dclivcr water of drinking quality to ito cuotomcro at all protect thc quality of thc water. D. Conformity with ANCI /NSF Ctandard 61 Such mate_rialo include all oolveato, c10 mero, lubricanto, gaoketo, be uocd unlcao they conform with ANSI /NSF Standard 61 and unleoo ouch prior to uoc. contact with potable watcr. oubcontraotoro, must be contained at all timco at thc water facility QONTRACTOR'S ON SITE PREPARATION orangc, bluc, or white. Each employee uniform must provide company name and individual employee identification. telephone -a --are not available for Contractor uoc. H. Working hours will be 7 :00 A.M. to 5:00 P.M., Monday thru Friday. labeled with company name. No private employee vehicles are allowed at O. Section A - SP (Revised 9/18/00) Page 14 of 22 N. Stevens Water Treatment Plant. All persenncl must bc in company -vehicles. During working hours, contractor cmployccs must not leave the designated construction area nor wander through any buildings othcr than for required work or as directed by City Watcr Department peroonncl during cmcrgcncy evacuation. K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) Any work to thc computer based monitoring and control system must bc performed only by qualified technical and supervisory peroonncl, an determined by mooting thc qualifications 1 thru 9 below. This work includes, but is. not limitcd to, modifications, additions, changcs, debugging, calibrating, or - placing in operation all hardware an or seftwarc specified or rcqu-trcd by these specifications. Thc Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate thc following: 1. He is regularly cngagcd in thc computer based monitoring and water and wastewater industry. 2. IIe has performed work on ay-stoma of comparable size, type, and complexity as required in thin Contract on at lest thrcc prior projects. 3. He has boon actively cngagcd in the type of work spccificd hcrcin for at lest 5 years. 1. IIe employs a Rcgiotcred Professional Enginccr, a Control Cystcma work required by this specifications. 5. Ho employs personnel on this Project who have successfully eompletcd a manufacturer's training couroc in sent g r- — and for thc Contract. 6. He maintains a permanent, fully staffed and equipped service facility within 1-00 miles of thc Project site to maintain, repair, calibrate, and program thc systems spccificd hcrcin. 7. IIe shall furnish equipment which io thc product of one 8. practical, all equipment of a given type will bc the product of one manufacturer. Prior performancc at thc O. N. Stcvcns Watcr Tretmcnt Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Prej -ect. these two systems to the exioting City SCADA system. Attached is an cxaamplc of the required programming blocks which thc City requires to be filled in and givcn to the City Enginccr with all Thc Contractor will providc all programming bock -used. L. Trenching Rcquircmonts All trenching for this projcct at the O. N. Stevens Watcr Treatment Plant shalIADeporfOrmod using a baekhee er- lid digging due to t existing underground obstructiens. No trcnching machines shall be allowed on the projcct. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Section A - SP (Revised 9/18/00} Page 15 of 22 a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling : Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 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. g- 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. k. Excessive Shop Drawing Resubmission:. Engineer will record time required by Engineer to Engineer's Consultants for excessive Submittal review occasioned by Contractor's resubmission, in excess of two resubmissions of a required Submittal, caused by unverified, unchecked or unreviewed, incomplete, in accurate or erroneous, or nonconforming Submittals. Each excessive review time shall be charged at $95.00 /manhour for an engineer and $26.00 /manhour:for clerical time. Upon receipt of Engineer's accounting of time and costs, Contractor will reimburse Owner for the charges of Engineer or Engineer's Consultants review for excessive resubmission through set -offs from the recommended Owner. payments to Contractor. At the discretion of the, City Engineer, set -offs can be monthly or upon final payment to Contractor. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Section A - SP '(Revised 9/18/00) Page 16 of 22 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" Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 6 -15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -B'" are incorporated by reference in this Special Provision. (NOT. USED) 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 documents,' satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A 11 Ozone Advisory (NOT USED) Priming and hot mix • paving operationo must not be conducted on days for whilb an Contractor about ose c alert. If a delay such as this is experienced, the day will not be counted as a calendar day. 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, Section A - SP (Revised 9/18/00) Page 17.of 22 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: (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate." data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. (NOT USED) The Contractor shall be responsible for the disposal of water used for testing, particularly high levels of chlorine, will be used for disinfection, and may exceed disposal of highly chlorinated water. Contractor shall not use the City's sanitary A 17 rrc Construction Exploratory Excavations (7 /s /0a) (NOT USED) pipelines of the project and Contractor shall survey the exact vertical Section A - SP (Revised 9/18/00) Page IS of 22 p47pelinee at a maximum of 300 feet O.C. and Contractor shall survey the accurato 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 station thereof, distance to the pavement centerline and elevations e-f the top of existing pipelines. Engineer and until Contractor receives Engineer's approval of report. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP 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 Errors and Omissions The Contractor shall carefully check these Specifications and contract Drawings, and report any errors or omissions discovered, whereupon full instructions will be furnished promptly. 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 the cast as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications which are not discovered or reported to the Contractor prior to the 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 the generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete project ready for its intended use. Section A - SP (Revised 9/18/00) Page 19 of 22 • (NOT USED) A -52 Geotechnical Investigation A geotechnical investigation of the site was performed during the permit phase of this project and is contained in Volume 2 of 5 of the permit application (TNRCC Permit Application No. 2269). A geotechnical investigation of the site was also performed during the design phase by Trinity Engineering Testing Corporation for the City of Corpus Christi. The report, Geotechnical Investigation Operations Center and Facility Infrastructure Cefe F. Valenzuela Landfill, Corpus Christi, Nueces County, Texas (Report No C -1267) is dated November 20, 2000. Geotechnical information is available to the Contractor and can be obtained by requesting it from the City. A -53 Daily Construction Reports The Contractor shall fill out Daily Construction Report forms as documentation and submit the forms to the Engineer by 9 :00 am on the first work day after the day the work was performed. Sample Daily Construction Report forms may be obtained from the Engineer. (NOT USED) A 55 Permit (NOT USED) 1 County Permit for box culverts under CR 20 3. TCEQ Water Cupply Permit 1. TCEQ Wastewater Permit have been issued. A -56 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 the later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to. the contract ". A -57 Dewatering This item is considered subsidiary for all dewatering methods other than "well pointing" orthe appropriate bid items as described in Section A -3 where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize Section A - SP. (Revised 9/18/00) Page 20 of 22 solids and mud entering the pump suction and flow is pumped to a location. that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and /or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Bay_ Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Tests will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest .sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal - alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to Pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Danielle Converse at 826-4034 to obtain a "no cost" permit from the Waste Water Dept. City will pay for.any water quality testing or water analysis cost required. The permit will require an estimate or groundwater flow. Groundwater flow can be estimated by boring a hole or excavating short trench then. record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Section A - SP (Revised 9/18/00) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM. PROJECT: SECTOR ]A LINER & LEACHATE COLLECTION SYSTEM (PROJECT NO. 5276) OWNER: City of Corpus Christi ENGINEER: CP &Y, Inc. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 9/18/0o) 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 13TH day of OCTOBER, 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 Frisco Construction Services, LLC termed in the. Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $2,714,958.50 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CEFE F. VALENZUELA LANDFILL. SECTOR lA LINER & LEACHATE COLLECTION SYSTEM & DRAINAGE CONTROL SYSTEM CONSTRUCTION PROJECT NO.5276 (TOTAL BASE BID: $2,714,958.50) 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. Sun -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 250 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 City Secretary APPROVE AS TO LEGAL By: Asst. City Attorney ATTEST: ( f Corporation) ST: ( (Seal B w) "l (Note:" If Person signing for corporation is not President, attach copy of authorization to sign) ® tO -ji RUB, sy cam_ €@ I iQ SECRETARY re CITY OF CARPUS STI r By: Juan Perales Jr.,P.E. Assistant City Manager Engineering /Development Services By- d4:._ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Frisco Construction Services, LLC By: Title: 6991 MAIN STREET (Address) FRISCO, TEXAS 75034 (City) (State)(ZIP) 214/975 -0808 * 214/675 -0811 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 UNANIMOUS CONSENT IN LIEU OF ORGANIZATIONAL MEETING OF THE MEMBERS OF FRISCO CONSTRUCTION SERVICES, L.L.C. Pursuant to the authority contained in the Texas Limited Liability Company Act, the undersigned, constituting the initial Members designated in the Articles of Organization of FRISCO CONSTRUCTION SERVICES, L.L.C. (the "Company"), do hereby adopt the following resolutions with the same force and effect as though adopted at an organizational meeting of said members duly called and held: 1. ARTICLES OF ORGANIZATION. RESOLVED, that the Certificate of Organization of the Company which was filed with the Secretary of State of the State of Texas on September ay, 2004, together with the accompanying Certificate of the Secretary of State, are approved and ordered to be filed in the Minute Book of the Company as a part of the permanent records of the Company. 2. REGULATIONS. RESOLVED, that the Regulations in the form presented to the Member is adopted as and for the Regulations of the Company, and that the Secretary of the Company is instructed to insert them in the Minute Book immediately following the copy of the Certificate of Organization. 3. OFFICERS. RESOLVED, that the following person be elected to the offices set forth opposite his name below, such person to serve until the first annual meeting of the Member or until his successor has been duly elected and qualified: Ryan W. Griffin - President John B. Brantley, Jr. - Vice President/Secretary/Treasurer Clayton M. Thomas - Vice President 4. MINUTE BOOK. RESOLVED, that the Secretary is instructed to retain custody of the Minute Book, and to insert therein this Unanimous Consent and the minutes of all other proceedings of members of the Company. UNANIMOUS CONSENT IN LIEU OF ORGANIZATIONAL MEETING - Page 1 G &BWFCSIORG -MTG S. EMPLOYMENT TAXES. RESOLVED, that the President has the responsibility of directing the Company to pay all applicable federal and state taxes, including Federal Insurance Contribution Act (FICA), Federal Unemployment Tax Act (FUTA), and withholding taxes. 6. CERTIFICATE OF OWNERSHIP. RESOLVED, that the form of ownership certificate representing the ownership interest of the Company, in the form attached hereto, is approved and adopted, and the Secretary is instructed to insert a specimen thereof in the Minute Book of the Company. 7. SEAL. RESOLVED, that the Seal of the Company, an impression of which is affixed hereto, is approved and adopted as the Seal of the Company. 8. ISSUANCE OF COMPANY'S MEMBERSHIP INTERESTS. RESOLVED, that the Company issue and sell its membership interests in the following manner: Purchaser Ryan W. Griffin John B. Brantley, Jr. Clayton M. Thomas 9. FISCAL YEAR. Initial Sharing Ratio 33.33% 33.34% 33.33% Initial Capital Contribution $33.33 $33.34 $33.33 RESOLVED, that the fiscal year of the Company shall end December 31st of each calendar year. 10. DEPOSITORY. RESOLVED, that a regular bank account in the name of the Company be opened in such depositories as the executive officers of the Company shall from time to time designate, wherein may be deposited any of the funds of the Company and from which withdrawals are hereby authorized in the name of the Company by signature of any one (1) of the executive officers of the Company or any one (1) person as designated in writing by the executive officers of the Company. FURTHER RESOLVED, that the Secretary or any Assistant Secretary of the Company is authorized and directed to certify to such bank resolutions authorizing the UNANIMOUS CONSENT IN LIEU OF ORGANIATIQNAL MEETING - Page 2 G &BWCSIORG -MTG opening of such bank accounts in such form as said bank may customarily require, and such resolutions shall be deemed to be copied in these minutes as if set forth herein in fiill. 11. BORROWING. RESOLVED, that the President or any Vice President ofthe Company is authorized, from time to time, to borrow money in the name of the Company from such lenders as he or she deems necessary or appropriate and in the best interest of the Company and to execute and deliver on behalf of the Company notes therefor, in such amounts and upon such terms and conditions, including as to rate of interest and schedule of payment, as he or she deems necessary and as appropriate for the operation of the Company's business. 12. ORGANIZATION EXPENSES. RESOLVED, that the Treasurer ofthe Company is authorized and directed to pay out of the funds of the Company all fees and expenses incurred incidental and necessary to the organization of the Company. 13. AUTHORIZATION TO CONDUCT BUSINESS IN FOREIGN STATES. RESOLVED, that, subject to advance qualification in all respects with appropriate laws and regulations, the President or any Vice President of this Company is authorized and directed to do any and all things necessary or desirable to effect the qualification of this Company to transact business in such states and at such time or times as either of said officers shall determine that such qualification is in the best interest of the Company. FURTHER RESOLVED, that for the purposes of authorizing the Company to do business in any state, territory or dependency of the United States or any foreign country in which it is necessary, desirable or expedient for the Company to transact business, the proper officers of the Company are hereby authorized to appoint and substitute all necessary agents or attorneys for service of process, to designate and change the location of all necessary statutory offices and the corporate seal, to make and file all necessary certificates, reports, powers of attorney and other instruments as may be required by the laws of such state, territory, dependency or country to authorize the Company to transact business therein and whenever it is expedient for the Company to cease doing business therein and withdraw therefrom, to revoke any appointment of agent or attorney for service of process and to file such certificated, reports, revocations of appointment, or surrender of authority as may be necessary to terminate the authority of the Company to do business in any such state, territory, dependency or country. 14. OPERATIONS IN ORDINARY COURSE OF BUSINESS. RESOLVED, that the President or any Vice President of this Company is authorized to execute and deliver on behalf of this Company any and all agreements, contracts, deeds, mortgages, sale, offers, applications and other legal documents and instruments which may UNANIMOUS CONSENT IN LIEU OF ORGANIZATIONAL MEETING - Page 3 G&BIFCS1ORG -MTG be necessary or expedient in, or incident to, the conduct of the ordinary business of this Company; and that the Secretary of this Company is authorized to affix the corporate seal of this Company, if required, to any such document or instrument and to attest said seal when the same is so affixed. 15. AUTHORIZATION. RESOLVED, that the officers of the Company are authorized and empowered in the name of and on behalf of the Company, from tune to time to do, negotiate or cause to be done all acts or things and to execute and deliver all instruments and documents as shall be necessary, desirable or appropriate to carry out the purposes and intent of the foregoing resolutions. IN WITNESS WHEREOF, I have duly executed this Unanimous Consent this 24th day of September, 2004. UNANIMOUS CONSENT IN LIEU OF ORGANIZATIONAL MEETING - Page 4 JO t B : RANTLEY, ' ember �41 I�-- �----- CNi M. THON, AS, Member G&SIFCSORG•MTG P R O P O S A L F O R M F O R CEFE F. VALENZUELA LANDFILL SECTOR 1A LINER & LEACHATE COLLECTION SYSTEM & DRAINAGE CONTROL SYSTEM CONSTRUCTION Project No. 5276 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 7 Addendum #1 Attachment #1 PROPOSAL Place:Corpus Christi, Texas Date: September 8, 2010 Proposal. of-Frisco Construction Services, LLC. 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: Cefe F. Valenzuela Landfill Sector IA Liner & Leachate Collection System & Drainage Control System Construction Project No. 5276 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: PROPOSAL FORM PAGE 2 OF 7 Addendum #1 Attachment #2 Cefe F. Valenzuela Landfill Sector 1A Liner & Leachate Collection System & Drainage Control System Construction PROJECT NO, 5276 I II III IV V BID I QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICES) 1 1 Ls Mobilization and Demobilization. Complete in Place per $ lysooa l $ 14CiOaa. oo Ls. 2 175,000 Cy Complete Excavation of Sector 1A. Complete and in place per Cy. $ !, {e S $ cQ3g, 7Sv, o0 3 106,500 Sy Subgrade preparation of Sector 1A. Complete and in place per Sy. $ 0,20 $ o?/, 30D, 00 4 67,500 Cy Compacted Clay Liner installation in Sector 1A. Complete and in place per Cy. $ �'rp $ 1 bg 75� , vO 5 67,500 Cy Hauling, spreading and placement 2' protective soil cover in Sector 1A. Complete and in place per Cy. $ 1.95 $ 1311 0.21---, oa 6 105, 105 Sy 60 Mil Smooth HDPE Geomembrane liner Installation in Sector 1A. Complete and in place per Sy. $ 4%10 $ 430/ 930. .51a 7 8,000 Sy 60 Mil Textured HDPE Geomembrane liner Installation in Sector 1A. Complete and in place per Sy. $ 4.05— $ 38 EcDo, oo 8 14, 000 Sy Non -woven Geotextile fabric Installation in Sector 1A. Complete and in place per Sy. S / 'IS- $ tea, 3o0. oo 9 108 100 Sy ' � ' Geocomposite installation in Sector 1A. Complete and in place per Sy. $ Or $ 431, tSp�-, ov PROPOSAL FORM PAGE 3 OF 7 Addendum 01 Attachment 01 10 2 ea Leachate Collection Sump Installation, 18" HDPE side slope riser, discharge valving, concrete structures & related appurtenances. Complete and in place per ea. $ //01000.00 $ aio 00 0. 00 ___________ 11 4,200 Lf Leachate Collection System Installation, piping,drainage media, geomembranes & related appurtenances. Complete and in place per Lf. $ 34"9° $ 1.2 1 000. 00 12 4 ea Leachate Cleanout pipes, concrete structures & related appurtenances. Complete and in place per ea. $ 5; 200, DD $ 0701 000. 00 13 . 2,400 Lf 6" HDPE Leachate force main and trench, hook- up from Sump 1A -1 to Sump 1A -2 and then to existing forcemain at Sump 4A. Complete and in place per Lf. $ g.00 $ 01(e: 1400.0o 14 2 ea Groundwater sump below Sump 1A -1 & 1A -2, 14" HDPE side slope riser, discharge valving, concrete structures & related appurtenances. Complete and in place per ea. $ 12,000. oo $ 144,o00.0° 15 1,400 Lf Groundwater underdrain, 6" slotted and solid corrugated PE pipe, drainage media & related appurtenances. Complete and in place per Lf. $ 6.00 $ p71,oc'0. o0 16 1 Ls Groundwater recovery trench, riser, pump & related appurtenances. Complete and in place per Ls. $ 29, 000. 070 $ a 9 , 00 0.00 PROPOSAL FORM PAGE 4 OF 7 Addendum #1 Attachment #1 17 1,200 Lf Groundwater forcemain to the Evaporation ponds & all related appurtenances. Complete and in place per Lf. $ / 00 $ Qo, 4o0. oo _ 18 650 Lf 480V 3 Phase 4 Wire direct buried conduit stub ups, connections..& grounding & related appurtenances. Complete and in place per Lf. $ 1.0/ $ (v S6' sTO • 0o 19 4 ea Leachate and Groundwater Pump with installation, • hook -up and start -up. Complete as ea. $ /d/, 1200.00 $ 5-&) 000. DO 20 3 ea Control Panels, Instrumentation, wiring, hook -up and start -up for all pumps. Complete per ea. $ i.2, Poe. oo $ 36, 000. oo 21 1,562 Lf Perimeter Access Road. Complete and in place per Lf. $ 114. op $ 0 vio(at . Oa 22 1 Ls Area drop inlet, .50ft under road RCP, headwall & related appurtenances. Complete and in place per Ls. $ it-I,floo.00 $ /4,000.00 23 3,700 Lf Construction of Evaporation area, berms and riprap outfall as per design drawings. Complete and in place per Lf. $ ao $ -2,q00. Do 24 1 Ls Stormwater Pollution Prevention Plan, Complete and in place per Ls. $ q,200. 00 $ q, 200 , OD 25 90 Lf Trench Safety, complete and in place per Lf $ /2.00 _$ liOgD . D0 PROPOSAL FORM PAGE 5 OE' 7 Addendum #1 Attachment N1 'i 1 26 4,050 Lf Leachate Evaporation pond fence, gates & related appurtenances. Complete and in place per Lf. $ g.00 $ _32,400 • o ° _ 27 5,000 CY Native clay soil fill placed under density control in 6 -inch compacted lifts to bring the existing grade up to subgrade elevation. $ 1. SO $ f 5-00. 00 TOTAL BASE BID : (Bid Items 1 thru 27) a.7 is . sa 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. PROPOSAL FORM PAGE 6 OF 7 Addendum #1 Attachment #1 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 gond (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 ri 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 250 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): Addendum 1 (September 3, 2010) Respectfully submitted: Name: Brett Bra tley By: (SEAL - IF BIDDER IS a Corporation) Address: NOTE: Do not detach bid from other papers. Fill in with in and submit complete with attached - papers. Telephone: PROPOSAL FORM PAGE 7 OF 7 (SI i + TURE) 6991 Main Street (P.O. Box) (Street) (City) (State) (Zip) Frisco, Texas 75034 Office: 214.975.0807 (Revised August 2000) Addendum #1 Attachment #1 P E R F O R M A N C E B O N D Bond No. 4380918 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Frisco Construction Services, LLC of COLLIN County, Texas, hereinafter called "Principal ", and Surelec Insurance Company • e corporation organized under the laws of the State of Texas , and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of TWO MILLION, SEVEN HUNDRED FOURTEEN THOUSAND, NINE HUNDRED FIFTY -EIGHT AND 50/100 ($2, 714, 958.50) 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 13TH of OCTOBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F. VALENZUELA LANDFILL SECTOR 1A LINER & LEACHATE COLLECTION SYSTEM & DRAINAGE CONTROL SYSTEM CONSTRUCTION PROJECT NO.5276 (TOTAL BASE BID: $2,714,958.50) 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 27th day of October , 20 10 . PRINCIPAL Frisco Construction Services, LLC By: 40 arm. (Print Name & Title) ATTEST Gt '-T t'7 (Print Name & Title) )ty i4° SURETY SureTec Insurance Company 9737 Great Hills Trail, Suite 320, Austin, TX 78759 By: Attorney -in -fact Jeffrey Todd McIntosh (Print Name) The Resident Agent of the . Surety in Nueces County, Texas, for delivexy of notice and service of process is: Agency: Contact Person: Address: Phone Number: Insurance Services of South Texas Larry Grove 4444 Corona Drive, Suite 103 Corpus Christi, TX 78411 (361) 854 -3046 (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/06) Performance Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS § Bond No. 4380918 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Frisco Construction Services, LLC of COLLIN County, Texas, hereinafter called "Principal ", and SureTec Insurance Company a corporation organized under the laws of the State of Texas and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of TWO MILLION, SEVEN HUNDRED FOURTEEN THOUSAND, NINE HUNDRED FIFTY -EIGHT AND 50/100 ($2,714,958.50) 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 13TH day OCTOBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F. VALENZUELA LANDFILL SECTOR 1A LINER & LEACHATE COLLECTION SYSTEM & DRAINAGE CONTROL SYSTEM CONSTRUCTION PROJECT NO.5276 (TOTAL BASE BID: $2,714,958.50) 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 27th day of October , 2010 PRINCIPAL Frisco Construction Services, LLC ATTEST (Prin�l Name & Title ) qi SURETY SureTec Insurance Company 9737 Great Hills Trail, Suite 320, Austin, TX 78759 By: Attorney -in -fact Jeffrey Todd McIntosh (Print Name) /i/ The Resident Agent of the Surety in Nueces Count', Texas, for delivery of notice and service of process is Agency: Insurance Services of South Texas Contact Person: Larry Grove Address: 4444 Corona Drive, Suite 103 Corpus Christi, TX 78411 Phone Number: (361) 854-3046 (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 Cafe F. Valenzuela Landfill Sector 1A Liner & Leachate Collect o System & Drainage Control System Construction Project Name & No.: Project No. e Surety Company: SureTec Insurance Company Ladies /Gentlemen: (Michael P. Whisenant, Sr. Vice President ) , hereby certify that the facsimile power of attorney submitted by (Jeffrey Todd McIntosh ) for Frisco Construction Services, LLC ), 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 .277'4 day of I■276hev- , 2010. Name: Michael P. Whisenant Title: Sr. Vice President Sworn and subscribed to before me on this (2 7 t day of (2c Jo er 2010. (Revised 2/10) No Public State of My Commission Expires: 9—/O--.20/--? Sample Form POA #: 1810024 Sure Tec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston., Harris County, Texas, does by these presents make, constitute and appoint Jeffrey Todd McIntosh its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments . or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises, Said appointment shall continue in force until 12/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolce4 that the President, any Vice - President, any Assistant Vice - president, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and alI bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2111* of April. 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. State of Texas County of Harris ss :. SURETEC INS CE CC?MPA,NY 3..1i. Ki sident By: On this 2Sh day of October, 2008 before me personally came B.3. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his narne thereto by like order. (VA al Ott Oe Michelle .Denny, Notary PiU,tic My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 27th day of October M. Brent ay, Assis ant Secretary Any instrument issued In excess of the penalty =Mated above Is totally void and without any validity. For verification oldie authority of this power you nay.ca[I (T4S) 812.0800 any business day between 8 :00 am and 8:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1- 866 -732 -0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1- 800 -252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714 -9104 Fax#: 512 -475 -1771 Web: lattp://www.tdi.state.tx.us Email: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 1 PAYMENT BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Frisco Construction Services, LLC of COLLIN 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 TWO MILLION, SEVEN HUNDRED FOURTEEN THOUSAND, NINE HUNDRED FIFTY -EIGHT AND 50/100 ($2,714 958,.50) 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 13TH day OCTOBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F. VALENZUELA LANDFILL. SECTOR 1A LINER & IMAMATE COLLECTION SYSTEM & DRAINAGE CONTROL SYSTEM CONSTRUCTION PROJECT NO.5276 (TOTAL BASE BID: $2,714,958.50) 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 �1 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of r- 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 , 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE_ Date of Payment Bond must not be prior to date at contract) Payment Bond Page 2 of 2 (Revised 8/08) PERFORMANCE BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Frisco Construction Services, LLC of COLLIN 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 TWO MILLION, SEVEN HUNDRED FOURTEEN THOUSAND, NINE HUNDRED FIFTY -EIGHT AND 50/100 ($2,714,958.50) 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 13TH of OCTOBER , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: CEFE F. VALENZUELA LANDFILL SECTOR 1A LINER S LEACHATE COLLECTION SYSTEM & DRAINAGE CONTROL SYSTEM CONSTRUCTION PROJECT NO.5276 (TOTAL BASE BID: $2,714,958.50) 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 T 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 PRINCIPAL By: (Print Name & Tide) ATTEST (Print Name & Title) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice an . service of process Agency: Contact Person: Address: Phone Number: (NOTE: bate of Performance Bond must not be prior to date of contract)(Revised 3 /WO Performance Bond Page 2 of 2 ACS CERTIFICATE OF LIABILITY INSURANCE OP ID: LIST DATE(MMIDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER 972- 512 -7700 Hotchkiss insurance Agency LLC 972 - 512_7799 4120 International Pkwy. #2000 Carrollton, TX 75007 Wayne Bishop NAME Cr PHONE L IFAX . No �E-MMAILo F ANot ADDRESS' PRODUCER coder. 5 CUSTOMER ID • INSURER(S) AFFORDING COVERAGE NAIC # INSURW Frisco Construction Services LLC dba Stablecore FCS Holdings, LP P.O. Box 190829 Dallas, TX 75219 INSURER A : American Safety Indemnity Co. GENERAL INSURER B:Travelers Indemnity Co of Conn Y OCCUR INSURER c :Texas Mutual Insurance Co INSURER D :Travelers Insurance Co 04/21/10 INSURER E: EACH OCCURRENCE INSURER F • 1,000,000 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSU CE ADM INS SUER mein POLICY NUMBER POLICY EFF IMMIDDDL10dh POLICY EXP IMM1DD[YY Y UMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILTI Y OCCUR X ESL0255121001 04/21/10 EACH OCCURRENCE $ 1,000,000 X 041211/11 DPRREEMGSE.TS 1Ea noel $ 50,000 CLAIMS -MADE I ^ 1 ✓ MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 X Per Project Aggre GENERAL AGGREGATE $ — 2,000,000 GGN L AGGREGATE LIMIT APPLIES PER: POLICY 50 !A F/ LOC PRODUCTS - COMPIOP AGG $ 2,000,000 —1 $ B AUTOMOBILE LIABILITY / ANY AUTO ��dJJ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNED AUTOS X BA5838L435 09/06/10 • 09/06/11 / COMBINED SINGLE LIMIT (Ea accident) $ 1,000 000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ A UMBRELLA LAB EXCESS LIAB X OCCUR CLAIMS -MAD ESU0255161001 04/21/10 04/21/11 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ I 4,000,000 DEDUCTIBLE V/ RETENTION $ 5,000 $ X $ C WORKERSCOAIPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIEFOR!PARTNER /EX£Ci1T1VE OFFICER/MEMBER EXCLUDED? Mandatory In NN) It yes, describe under DESCRIPTION OF OPERATIONS 11//// Y / N N / A TSF0001215704 0$106110 09106119 / / ( E X I TORY LIMITS 1 I ER EL EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D EquipmenIFloater QT6604238L432TLC10 04/12/10 04112111 Sched LsdlRnt 1,900,297 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Cefe F. Valenzuela Landfill Sector 1A Liner & Leachate Collection Sys. Project #: 5276 The City of Corpus Christi is named as additional Insured with respects to general liability and auto policies as required by written contract CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services Contract Administrations P.O_ Box 9277 Corms Christi. TX 78469 ACORD 25 (2009109) • CITYCO7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ®1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ESL025512 -10 -01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s): Location And Description Of Completed Operations Blanket as required in a written contract executed with Named Insured prior to loss or occurrence. All products°where Additional Insured is to sell on behalf of Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11— Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 BA5838L435 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. A. PERSONAL EFFECTS COVERAGE SECTION 11I — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up 10 $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured "; and (2) in or on your covered "auto"; in the event of a total theft "loss" of your covered "auto ". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and (2) Any: (a) Overdue lease /loan payments at the time of the "loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; C. (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Cany -over balances from previous loans or leases. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal system, in or upon the covered "auto "; or D. WAIVER OF DEDUCTIBLE — GLASS SECTION iii — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto ", then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Includes the copyrighted material of The St. Paul Travelers Companies, Inc. Page 1 of 2 • • 4 aminmo Orrammw ate 0= o 000336 COMMERCIAL AUTO Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: - (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed °auto" is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss "; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like .kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDtTIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. 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- (5) tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. G. BLANKET ADDITIONAL INSURED SECTION tl — LIABILITY COVERAGE, part A.1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age 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 is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who is An Insured provision contained in Section II. H. EMPLOYEE HIRED AUTOS SECTION 11 — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 1. COVERAGE EXTENSION — TRAILERS SECTION 1 — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, inc. with its permission. CA T4 20 07 06 includes the copyrighted material of The St. Paul Travelers Companies, Inc. 6001EktiAL dEicIERAL Ltiaatt-pf Tkie ENWRsEmENT-cHANiqee. THE. PpopY. PLWE:PEAO fTCPJLLY ;AMENDMENT - WI:AY NOTICEOF CANCELLATION TO : RTIFICATE 'HOLDER This:endarserneht modIfies,Inginer0:00:000 COMMERCIAL GENERAL :LIABILiTY. COVERAGE PAM' it is ?greed., es respects the Policy, thirty kW) days notice of tatiCeiletion, except os feSpeOt.$, nori- payment of ;premium, kor which ten tIO) days notce will apply. IMP be green as tospeat tFie f0110Wing certificate holder(s); cow corpo OWL% efigiriewirc Soivide Ociiitr;o:Mmipistr409ns Pp _BOX 9277 COptis. 000, TX 704894277 This endorserrteht forms.a part oithe Poikleto Which- atteChed, liffeetive Oa ttie'ihOepfich date Of: the poitoittilmst otherwise steted herein. The foliowlog ifitotrilafon .0..refioited otoy .000 this :endorsement is. issued 5441segtkenA to Prn9r4* Pt the. Polity) BodOrsemeht 08608,.1.0: '191771200 kcy NO_ .PM85121091 litittiOd 'Aso* "Fet#0 PtingrOdOo WO. 0- .0 U-C.:41.HtabletetrO •Ookuitersigne4 by (*IthOtilocjIRO'' *004061 • groottops.it No.. 0g4 "CVit-GLOSOA (G2120D9) waimpwP mmimmw ao■ a Or o= ammo A� Os 0= womml TRAVELERS .� CHANGE EFFECTIVE DATE; 09 -06.10 One Tower Square, Hartford, Connecticut 06183 CHANGE ENDORSEMENT Named Insured: FRISCO CONSTRUCTION SERVICES LLC DBA STABLECORE Policy Number: BA- 5838L435- 10,SEL Policy Effective Date: 09/06/10 INSURING COMPANY: THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT Effective from 09/06/10 at the time of day the policy becomes effective. THUS INSURANCE I5 AMENDED AS FOLLOWS:- THE COMMERCIAL AUTOMOBILE COVERAGE PART IS AMENDED AS FOLLOWS: THE FOLLOWING FORM(S) AND /0R ENDORSEMENT(S) IS /ARE CHANGED AS PER FORM(5) ATTACHED: CA TS 040910 "ADD 30 DAY NOTICE OF CANCELLATION IN FAVOR OF - City of Corpus Christi Engineering Services Co ract Administrations NAME AND ADDRESS OF AGENT OR BROKER: HOTCHKISS INS AGCY LLC (GV102) 4120 INTERNATIONAL PARKWAY STE 2000 CARROLLTON, TX 75007 IL TO 07 09 87 PAGE 1 OF 1 OFFICE: DALLAS "COUNTERSIGNED BY Authorized ` epresentative DATE 10/27/2010 TekasMutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI ENGINEERING SERVICES CONTRACT ADMINISTRATIONS PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching c use" need be completed only when this endorsement is issued subsequent to preparation of the policy.) O This endorsement, effective on c t o b e r 27 , 2 010 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001215704 20100906 of the Texas Mutual Insurance Company Issued to FRISCO CONSTRUCTION SERVICES LLC DBA: STABLECORE Premium $ 0.00 WC420601 (ED. 1 -94) Endorsement No. 1 Authorized Representative WASENORS 10 -27 -2010