Loading...
HomeMy WebLinkAboutC2011-389 - 8/30/2011 - Approved2011-389 M2011 -191 08/30/11 KST Electric (Revised 7/5/00) O.N. STEVENS WATER TREATMENT.PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) • Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building. or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates )Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A 13 Arca Access and Traffic Control (Note Used) A -14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A -16 Disposal /Salvage of Materials A -17 Field Office (Not Used) A -18 Schedule and Sequence of Construction A 19 Construction Staking (Not Used) A -20 Testing and Certification A 21 Project Signs (Not Used) A -22 Minority /Minority Business Enterprise Participation Policy. (Revised 10/98) A -23 Inspection Required (Revised 7/5/00) A -24 Surety Bonds A 25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A -27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A- 32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -35 City Water Facilities Special Requirements A -36 Other Submittals (Revised 9/18/00) Prepared by Bath Engineering Corp, Bath Project No. 1853 Table of Contents Page 1 of 5 ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 n A -38 Worker's Compensation Coverage for Building or Entities A -39 Certificate of Occupancy and Final Acceptance A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory 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) A 46 Dicpocal of Highly Chlorinated Watcr (7/5/00) (Not Used) A-47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A 51 (Not Used) A -52 Errors and Omissions A -53 Dust Control A -54 Dewatering and Disposal Construction PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS (Not Used) Projects for Government 02 10 20 SITE CLEARING AND STRIPPING -AC 02 10 40 SITE GRADING -SY 02 20 20 EXCAVATION AND BACKFILL FOR UTILITIES AND SEWERS SUBSIDIARY 02 20 22 TRENCH SAFETY -LF / EA 02 20 60 CHANNEL EXCAVATION-LF 02 20 80 EMBANKMENT -SY / SUBSIDIARY 02 21 00 SELECT MATERIAL- SUBSIDIARY 02 24 20 SILT FENCE - SUBSIDIARY TO SW3F 02 52. 05 PAVEMENT REPAIR, CURB, GUTTER, SIDEWALK, & DRIVEWAY REPLACEMENT -SY 02 54 04 ASPHALTS, OILS, EMULSIONS - SUBSIDIARY 02 54 12 PRIME COAT -GAL 02 54 14 AGGREGATE FOR SURFACE TREATMENT AND SEAL COATS- SUBSIDIARY 02 54 18 SURFACE TREATMENT-SY 02 56 10 CONC. LAY DOWN CURB AND GUTTER -LF 02 74 02 REINFORCED PIPE CULVERTS -LF 02 80 20 SEEDING -SY 03 80 00 CONCRETE STRUCTURES- SUBSIDIARY PART T - TECHNICAL SPECIFICATIONS DIVISION 00 00 01 69 00 21 00 SOIL RETENTION BLANKETS -SY FLEXIBLE BASE -SY Prepared by Bath Engineering Corp. Ta ble of Contents ELECTRICAL DISTRIBUTION IMPROVEMENTS Page 2of5 Bath Project No. 7853 PROJECT NO. 8603 00 51 21 GEOGRID BASE REINFORCEMENT -SY DIVISION 01 - GENERAL CONDITIONS 01 10 00 01 10 10 01 20 00 01 30 00 01 60 00 01 70 00 SUMMARY OF WORK EQUIPMENT DOCUMENT REQUIREMENTS PROJECT COORDINATION SUBMITTAL PROCEDURES MATERIAL AND EQUIPMENT CONTRACT CLOSEOUT DIVISION 02 - EXISTING CONDITIONS _02 24 00 02 30 00 02 41 00 STORM WATER POLLUTION PREVENTION PLAN -LS HYDRO EXCAVATION AND EXPLORATORY EXCAVATION CUTTING PATCHING AND DEMOLITION WORK DIVISION 03 - CONCRETE 03 15 00 CONCRETE ACCESSORIES 03 21 00 REINFORCEMENT STEEL 03 30 00 CAST -IN -PLACE CONCRETE 03 35 00 CONCRETE FLOOR FINISHING 03 40 00 PRECAST CONCRETE PANELS 03 60 00 GROUT DIVISION 05 - METALS 05: 12 00 STRUCTURAL STEEL 05 12 43 MISCELLANEOUS METAL 05 31 23 STEEL ROOF DECK DIVISION 06 = WOOD & PLASTICS 06 12 00 ROUGH CARPENTRY DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07 52 00 MODIFIED BITUMENT ROOFING 07 62 00 SHEET METAL FLASHING AND TRIM 07 21 23 GUTTERS & DOWNSPOUTS 07 92 00 JOINT SEALERS DIVISION 08 - DOORS AND WINDOWS 08 '12 13 08 13 13 08 71 00 STANDARD STEEL FRAMES STANDARD STEEL DOORS DOOR HARDWARE DIVISION 09 - FINISHES 09 91 00 PAINTING Prepared by Bath Engineering Corp. Tab 1. e of Cont E'r3.t $ ELECTRICAL DISTRIBUTION IMPROVEMENTS Page 3 of 5 Bath Project No. 1853 PROJECT NO. 8603 DIVISION 10.- SPECIALTIES 10 52 20 FIRE EXTINGUISHERS AND ACCESSORIES • DIVISION 23 - HEATING VENTILATING AND AIR CONDITIONING 23 0050 BASIC MATERIALS AND METHODS 23 05 29 SUPPORTS AND ANCHORS 23 05 48 SOUND AND VIBRATION 23 07 13 DUCT INSULATION 23 07 19 PIPING INSULATION 23 09 00 CONTROLS 23 31 13 METAL DUCTWORK 23 33 00 DUCTWORK ACCESSORIES 23 37 13 AIR DISTRIBUTION DEVICES 23 41.00 AIR FILTERS 23 74 33 PACKAGED AIR HANDLING UNITS DIVISION 26 - ELECTRICAL 26 05 00 GENERAL WORK REQUIREMENTS FOR ELECTRICAL 26 05 13- MEDIUM VOLTAGE CABLES 26 05 19 LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 26 05 36 CABLE TRAYS FOR ELECTRICAL SYSTEMS 26 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS 26 05 53- IDENTIFICATION FOR ELECTRICAL SYSTEMS 26 12 00 MEDIUM VOLTAGE TRANSFORMERS 26 13 00 MEDIUM VOLTAGE SWITCHGEAR 26 20 00 LOW VOLTAGE TRANSFORMERS 26 23 00 LOW VOLTAGE SWITCHGEAR 26 24 16 PANELBOARDS 26 24 19 MOTOR CONTROL CENTERS 26 27 26 WIRING DEVICES 26 28 16 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 26 29 13 ENCLOSED CONTROLLERS 26 36 23 MANUAL TRANSFER SWITCHES 26 51 00 LIGHTING DIVISION 27 - COMMUNICATION SYSTEMS 27 13 23 COMMUNICATIONS OPTICAL FIBER BACKBONE CABLING DIVISION 31 - EARTHWORK 31 10 10 GENERAL SITEWORK REQUIREMENTS 31 23 16 .EXCAVATION (BUILDING AREA). 31 23 24 BACKFILL AND COMPACTION 31 31 16 TERMITE CONTROL Prepared by Bath Engineering Carp. Table O Con tents ELECTRICAL DISTRIBUTION IMPROVEMENTS Page 4of5 Bath Project No. 1853 PROJECT NO. 8603 DIVISION 32 -- EXTERIOR IMPROVEMENTS 32 23 15 CONCRETE SIDEWALKS 32 92 23 LAWN SODDING ATTACHMENTS: SCOPE OF WORK GEOTECHNICAL REPORTS RETL JOB NUMBER G110134 (PCR 7, 8, 9, plant road) RETL JOB NUMBER G111155 (Contractor parking roadway) DRAWING LIST NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Prepared by Bath Engineering Corp. 133111 Project No. 1853 Table of Contents Page 5 of 5 ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO: 8603; consisting of: The removal of the existing Pre - Sedimentation Basin Motor Control Center, transformer, and feeder, removal of panels DPA and DPB in Filter 1 -12 Building, removal of Primary Sedimentation Basin No. .3 54 Motor Control Centers, removal of Wash Water distribution panel boards in Filter 13 -22 pipe gallery, and removal of motor starters, panel boards, disconnect switches, motor control centers, and unit substations located in Chemical Building. The installation of new pre -cast concrete wall Power Control Rooms (PCRs)NO. 7, 8, & 9 with switchgear, main - tie -main motor control center, transformers, panel boards, new 5kv primary loop, installation of fiber optic communications, and re- feeding of existing equipment to remain. Civil Improvements include: demolition of existing concrete curb & gutter, site clearing, grubbing, & grading, new 2- course surface treatment for pavement & pavement repairs, and new concrete lay -down curb. Contractor Access and Storage Improvements include: site clearing, grubbing, & grading, Roadway grading and drainage improvements, new 2- course surface treatment roadway rehabilitation and parking areas, new concrete valley gutter, and appurtenances. The sequence of work shall require installation, startup, and full operation of the new SWPPP systems in accordance with the plans, specifications, and contract documents. will be received at the office of the City Secretary until 2:00 p.m. on June 8th, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. A Mandatory pre -bid meeting and job walk is scheduled for 10 :00 a.m.., May 11, 2011 and will be conducted by the City. The location of the meeting will be the ONSWTP Conference Room, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non- refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. Revised 7/5/00 CITY OF CORPUS CHRISTI, TEXAS /8/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE. MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURANCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 9. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Contractors 9_ Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II .OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -- tern environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT 111 REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements © REQUIRED ❑ NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 lThe City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. EThe 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 (361)880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - S w.� NOTICE TO CONTRACTORS - B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES 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 2of11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing Iabor, 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 language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the •project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4of11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of 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, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees .providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (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) ofthis paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions ofthis 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, § 120). 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 I, 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 11 0.110(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 T2851 10.11 0(0(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 /persons work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery 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 contractors 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 aproject, 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 verb coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services an the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) 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 1 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS, PROJECT NO. 8603; SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity advertisement inviting bids for the project. Proposals the office of the City Secretary, located on the first 1201 Leopard Street, until 2:00 _p.m., Wednesday, June mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 with the official will be received in floor of City Hall, 8, 2011. Proposals O.N. STEVENS WATER ELECTRICAL DISTRIBUJTION IMPROVEMENTS, PROJECT NO. 8603; Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S_ Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A mandatory pre -bid meeting will be held on Wednesday; May 11, 2011, beginning at 10:00 am. The meeting will convene at the ONSWTP Conference Room, Corpus Christi, TX. and will include a discussion of the project elements. A site visit will follow with additional site -visits to be coordinated by city staff. 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 O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603; consists of: The removal of the existing Pre - Sedimentation Basin Motor Control Center, transformer, and feeder, removal of panels DPA and DPB in Filter 1 -12 Building, removal of Primary Sedimentation Basin No. 3 &4 Motor Control Centers, removal of Wash Water distribution panelboards in Filter 13 -22 pipe gallery, and removal of motor starters, panelboards, disconnect switches, motor control centers, and unit substations located in Chemical Building. The installation of a new Power Control Rooms (PCRs) No. 7, 8, & 9 with switchgear, main- tie -main motor control center, transformers, panelboards, Section A - SP (Revised 12/15/04) Page 1 of 25 new 5kv primary loop, installation of fiber optic communications, and refeeding of existing equipment to remain. The sequence of work shall require installation, startup, and full operation of the new systems in accordance with the plans, specifications, and contract documents. A -4 Method of Award The bids will be evaluated based on the following, subject to availability of funds: 1. Total Base Bid --or- 2. Total Base Bid plus Alternate No. 1 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 9.5 Bid Bond (Must. reference O.N. Stevens Water Treatment Plant Electrical Distribution Improvements #8603 as identified in the Proposal) 2. (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 545 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, $1000 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estitnate 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 Section A - sP (Revised 12 /15/04) Page 2 of 25 replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non - receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy & Building Wage Rates. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales • The Corpus Christi City Council. has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must. not pay less than the specified wage rates to all laborers, - workmen, and mechanics cloyed 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 docents 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 Hie payroll submittals.) One and one -half .(14) 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; fl finiti[n of Terms, and Section B -7 -6, Working Hours.) Section A - SP (Revised 12/15/04) Page 3 of 25 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 Texas One -Call System 1 -800- 245 -4545, the Lone Star Notification Company at 1- 800 -669- 8344, and the Southwestern Bell Locate Group at 1- 800 - 828 -5127. For the Contractor's convenience, the following telephone nurubers are listed. City Engineer Project Engineer Bath engineering, Inc. Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) MC (Fiber Optic) .ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A -12 Maintenance of Services 826 -3500 361 -992 -2284 826 -3540 882 -1911 826 -1880 826 -1818 885 -6900 826 -1881 826 -3461 857 -1970 299 -4833 (693 -9444 881 -2511 (1- 800 - 824 -4424, (826 -3140 after hours) (826 -3140 after hours) (885 -6900 after hours) (826 -3140 after hours) 857 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972- 753 -4355 after hours) after hours) 857 -1960 (857 -5060 after hours) (Pager 800- 724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of .project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground drawings, the Contractor shall make the utilities back in service to construct the the Contract price. All such repairs must company or agency that owns the utilities. utilities, whether shown in the necessary repairs to place the work as intended at no increase in conform to the requirements of the 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 Section A - SP (Revised 12/15/04) Page 4 of 25 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 Acccrrn and Traffic Control ,C fisi -e t -traffic co trel mcasures- must be used to assure a safe condition The Contraetor will be • Wired to- schedule his operations so ao to cause include, but i3 not limited to, construction of temporary ramps, etc. working driveways in half widths, The Contractor shall comply with the City of Corpus Christi'❑ Uniform Barricading Ctandardn and Practice❑ an adopted by the City. Copies of thio document are available through the City's Traffic Engineering Department. The n11 costs for traffic control arc considered subsidiary; therefore, no direct pmt will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -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 other unwanted material becomes the removed from the site by the Con considered subsidiary;. therefore, asphalt, concrete, broken culverts and property of the Contractor and must be tractor. The cost of all hauling is no direct payment will be made to Section A - SP {Revised 12/15/04) Page 5 of 25 Contractor. A -17 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 square feet of useable space. The field office must be air - conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24 -hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on cALErtzAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 3. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. Sequence of Work:, The sequence of work shall require installation, startup, and full operation of the new Electrical systems prior to the removal of any existing equipment. Work does not include the integration and programming of the devices to the existing SCADA systems. Coordination with water department personnel will be required prior to removing any devices'from service. 4. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days Section A - SP (Revised 12/15/04) Page 6 of 25 Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections /notes - Engineering Services to coordinate As- Built plan preparation with A/E Consultant). (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector /Engineer verifies that all submittals, payrolls, Inspection Reports, As- Guilts, O&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Contractor prepares and submits Notice of Termination for Authorizations under TPDES General Permit TXR150000. (6) Final estimate reviewed by City Construction Engineer. (7) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (8) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d) If CDC project, all federal forms completed and clabmittcd (9) Final Acceptance Memorandum prepared by Administrative Assistant. (10) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork. (11) Administrative Asst. submits to director of Engineering Services /Operating Department Head for approval and forwarding to Asst. City Manager. (12) Final Acceptance memo returned from Asst. City Manager. (13) Authorization for payment (AFP) prepared and submitted Accounting Department. (14) Contractor receives final. payment after City Council (if required or Asst. City Manager accepts project. (15) Administrative Asst. sends letter to Contractor informing him or her when one -year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. THE WARRANTY WILL BEGIN ON THE DATE THAT THE ACCEPTANCE MEMORANDUM IS'ISSUED TO THE CONTRACTOR. A 19 Construction Projcct Layout and Control (NOT USED) required to construct a :project of thio nature. Section A. - SP (Revised 12/15/04) Page 7 of 25 Major eontrol3 and two (2) bench marks mired for project layout, will be provided by thc City or Consultant Project Engineer. control of thc work. If, during conotruction, it in neceos.ry to dioturb or dcatroy a. control Project Engineer 48 houro notice no that alternate control points an bo annuitant Project Engineer ac ncccoaary, at no If, for whatever reason, it is necesoary to deviate free propo3cd line and grade to properly execute the work, thc Contraete-r ohall obtain appr • -e€ the City or Consultant Project Engineer prior to deviation_ If, in the opinion of the City or Consultant Project Engineer, the required deviation supporting mca3urcmcnt3 as required for the City or Consultant — Prej-eot cxiJting and proposed, for the purpose of adjusting valves and manholes at the completion of the paving precco3. 11100, the City or Consultant Project Engineer may Aire that the Contraoter furniDh a- maximum of twa (2) and vcrificati -en of compliance with the Contract Documents, plans and li:cenccd in theo -tatc of Texan retained and paid by the Contractor. The Third. Following is thc minimum schedule of documentation required: Strcct0: Waitcwatcr: Water: • Valves vaulto.rim; Stormwatcr: ▪ All rim /invert elevations at manholes; u w Electrical PCR, Equipment, Duct Bank following: Electrical Man hole Cover° Section A - SP (Revised 12/15/04) Page 8 of 25 • Corncro of Pat Buildinge • Top of Poundationo and corners of outdoor Electrical Equipment • Locationo of underground Duct Bank A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory or testing service company selected by the City Engineer. The cost of the testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the contractor.. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) following drawingo. (Attachment Iv) The Cigna must be installed before conotruction bcgino and will be maintained throughout the Project .period by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi is afforded minorities, women and Minority participate in the performance of contracts Corpus Christi in support of Equal Employment Opportunity objectives of the Affirmative Action Policy Statement of the October, 1989, and any amendments thereto. In accordance policy, the City has established goals, as stated herein, minority and female participation by trade and for Minority Enterprise. that maximum opportunity Business Enterprises to awarded by the City of goals and City dated with such both for Business 2. Definitions a. Prime Contractor: Any person, association or joint venture as awarded a City contract. b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies, combination of the foregoing under on a City contract. firm, partnership, corporation, herein provided which has been firm, partnership, corporation, herein identified as providing equipment, materials or any contract with a prime contractor c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned Section A - SP (Revised 12/15/04) Page 9 of 25 (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). Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f_ Joint Venture: A joint venture means an association of two br 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 a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows Minority Participation Minority Business Enterprise (Percent) Participation (Percent) Section A - SP (Revised 12 /15/04) Page 10 of 25 45 % 15 % b_ These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders_ The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. Payment for inspections shall be subsidiary to bid items. 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 Section A - SP (Revised 12/15/04) Page 11 of 25 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." Al 25 -Sales Tax Exemption (NOT UCED) ;cction B 6 22, Tax Exemption Provision, io.dcictcd in its entirety and tho following oubotitutcd in licu thereof. section 3.2-91 of Chapter 3, Tax Administration e-f Title 32, Public Finance of promulgated by the Comptroller of Public Accounts of Tcxao. If thc Contractor elccto to operate under a oeparatcd contract, he shall. Identify in thc appropriate space on thc "Statement of Matcrialo and Other Chargco" in the proposal form the coot of materials phyoi ally incorporated into the Project. 3. Provide resale ccrtificatcc to oupplicra_ pepooal value of materials. If thc Contractor dopo not elect to -operate under a separated contract, he must pay for all Salco, Excioc, and Use Taxcs applicable to thio Project. rcoalc certificate to the subcontractor and thc oubcontractor, in turn, A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Section A - SP (Revised 12/15/04) Page,12 of 25 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus. Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B- 6 -11.of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide Builder's Risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk coverage must be an "All Risk' form. Contractor must pay all costs necessary to procure such Builder's Risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. Section A - SP (Revised 12/15/04) Page 13 of 25 A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the . date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project_ Thin experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. - 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's Obligation to execute a contract for this Project. If such approval is not obtained, the•award.may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration Section A - SP (Revised 12/15/04) Page 14 of 25 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 8 -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) Contractor must submit to the City Engineer with their proposal at time of Bid the following information: 1. A list of the major components of the work; 2. Documentation as required by Special Provision Paragraphs A -28, A -29, A- 30 and AS. 3. A list of the products to be incorporated into the Project; 4. A list of planned submittals for the project;. 5. A schedule of values which specifies estimates of the cost for each major component of the work; 6. A schedule of anticipated monthly payments for the Project duration. 7. 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. S. 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; 9. 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; 10. 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. 11. Documentation as required by Special Provision A-35-K, if applicable. Section A - SP (Revised 12/15/04) Page 15 of 25 12. 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. 13. 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 -I. A -34 Precedence. of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence -will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements A. Vioitor /Contractor Orientation rrior to performing work at any City water facility, the at a Visitor /Contractor Safety Orientation rrogram eonductcd by the Section A - SP (Revised 12/15/04) Page 16 of 25 Orientation Program will be offered by authorized City Water irc to perform any work within any City -water f, ~— For additional information refer to Attachment 1. B. Operation of City -Owned Equipment The Contractor shall not start, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time. All such items must be operated by an operator or other authorized maintenance employee of the City Water Department. C. Protection of Water Quality The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water. in the job site and shall coordinate its work with the City Water Department to protect the quality of the water. D. Conformity with ANSI /NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute /National Sanitation Foundation (ANSI /NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cleaners, lubricants, gaskets, thread compounds, coatings, or hydraulic equipment. These items must not be used unless they conform with ANSI /NSF Standard 61 and unless such items are inspected on the site by authorized City personnel immediately prior to use. The 'Contractor shall provide the .Engineer with copies of written proof of ANSI /NSF Standard 61 approval for all materials which could come into contact with potable water. E. Handling and Disposal of Trash All trash generated by the Contractor or his employees, subcontractors, must be contained at all times at facility site. Blowing trash will not be allowed. The shall keep work areas clean at all times and remove daily. agents, or the water Contractor all trash CONTRACTOR'S ON -SITE PREPARATION F. Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide company name and individual employee identification. G. Contractor shall provide. telephones for 'Contractor personnel. Plant telephones are not available for Contractor use. H. Working hours will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. Section A - SP (Revised 12/15/04) Page 17 of 25 J. All Contractor vehicles must be parked at designated site, as designated by :City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed at O. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. K. - ACQUICITION) ._ , --t is not limited to, modifications, additions, changco, selections, furnishing, installing, connecting, programming, cuotomizi -g, debugging, calibrating, or placing in The Contractor or his subcontractor proposing to perform thc SCrDA work must be able to dcmonctratc the following: 2. He hao perfencd work on Memo of comparable size, type, hcrcin for at least 5 ycaro. Hegistcrcd €ees}onal Eng4neer, a Control maintain, repair, opecificd hcrcin. 7. He shall furnish equipment which io thc product calibrate, and program the S. systems of ono not practical, all equipment of a given type will be the product of one manufacturer. .subcontractor programa thc new work for thio Project. 9. The Contractor shall produce all filled out pregramming wing blocks which thc City requires to be filled in and given to thc City Engineer with all eiangeo made during Section A - SP (Revised 12/15/04) Page 18 of 25 Contractor will provide all programming blocks uocd. L. Trenching Requirements All trenching for this project at the 0. N. _Stevens Water Treatment Plant shall be performed using a backhoe or hand - digging due, to the number of existing underground obstructions. No trenching machines shall be allowed on the project. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducible: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct Section A - 5P (Revised 12/15/04) Page 19 of 25 subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2_ Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on- site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. "The Contractor muot comply with thc City of Corpuo Chri3ti'O Water Conoervation and Drought Contingency Plan ao amended (thc "Plan "). Thin conditions. The City Engineer will provide a copy of thc Plan to Contractor at thc prc construction meeting. The Contractor will keep a copy of thc Plan on the Project 3itc throughout conotruction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B " are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General 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 41 Ozone Adviaory (NOT USED) compcn3atcd at the unit price indi atcd in thc propooal. Section A - SP (Revised 12/15/04) Page 20 of 25 A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules. and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As- Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (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. Section A - SP (Revised 12/15/04) Page 21 of 25 (5) Any other changes made. A 46 Diopoaal of Highly Chlorinated water 0/s/-G-94 (NOT iiCED) in thc water, particularly high lcvcl3 of chlorine, will be u3cd for di3infcction, and may cxcccd thc permiooiblc limito for diochargc into agenciee aaeh a-e TNRCC, EPA, ctc. It will be the Contractor' o rcoponoibility to comply with the rcquircmcnt3 of all regulatory agencieo in the- dispooal.of all water uocd in the project. The methodo of diopooal ohall be .oubmittcd to chlorinated water. Contractor ohall not uoc the City'o sanitary acwcr oyotcm for diopooal of contaminatcd water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the project, Contractor shall hydro excavate and expose all existing possible interferences (piping, electrical conduits, structures, rubble, etc.) of the project that infringe within five feet (5') horizontally or vertically from the edge of proposed work and tie - in locations, and the Contractor shall survey the exact vertical and horizontal location of. each potential interference and tie -in location by utilizing hydro - excavation only. See Technical Specification 02 30 00. The depth of the exploratory excavations is dependent upon the work to be performed and is not required to be greater than the depth necessary for the actual project work to be performed as long as all possible interferences have been identified. Contractor shall then prepare a report for each separate portion of the project and submit it to the Engineer for approval indicating the identity of the possible interferences excavated and surveyed, as well as the approximate station thereof, distance to proposed work, and elevations of the top of existing possible interferences. The Contractor shall perform no construction work on any portion of the project until all exploratory excavations relating to that portion of the project have been made in their entirety, the results thereof reported the Engineer and until Contractor receives Engineer's written approval of the report. If the Engineer elects to relocate minor utilities or the removal of obstructions exposed by pier excavation, Contractor shall bear the cost of relocating up to 4" diameter piping and removal of abandoned obstructions. Relocation of pipes larger than 4" and electrical conduit requiring a complete rewire may be moved by the Contractor at additional cost upon review and approval by the City. Removal of major obstructions such as thick (greater than 10 ") concrete walls /footings or obstructions removal that require major (greater than 6' in depth) excavations are to be at additional cost upon review and approval by the City. Exploratory excavations shall be paid for on a lump sum basis (items A -22 and A -23 on the Proposal) and shall include any repairs (asphalt, concrete, etc.), backfilling of holes, disposal of excavated material, and related items associated with the excavations. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. Section A - SP (Revised 12/15/04) Page 22 of 25 A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", 13 -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. ' Such cost shall be addressed through a change order to the contract." A 51 (Not Used) A -52 Errors and Omissions The Contractor shall carefully check these specifications and the contract drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correction any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior to construction and which, in the opinion of the Section A - SP (Revised 12/15/04) Page 23 of 25 Engineer, could have been discovered by reasonable diligence on the part of the Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. A -53 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. A -54 Dewatering and Disposal This item shall be considered subsidiary to the appropriate bid items 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 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 manmade berms 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 discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream (Oso Bay). Testing of groundwater quality is to be performed by 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. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by the contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer system 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 Tilo Schmidt, Wastewater Pre - treatment Coordinator at 826 -1817 to obtain a `no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, 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 12/15/04) Page 24 of 25 SUBMITTAL TRANSMITTAL FORM PROJECT: O.N. STEVENS WATER ELECTRICAL DISTRIBUTION IMPROVEMENTS, PROJECT NO. 8603;. OWNER: CITY OF CORPUS CHRISTI ENGINEER: BATH ENGINEERING, INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 25 of 25 6.. .......... * AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 30TH day of AUGUST, 2011, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and KST Electric, a Subsidiary of Rosendin Electric, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: in consideration of the payment of $5,522,860.63 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: O.N.STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 (TOTAL BASE BID: $5,522,860.63) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 545 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 APPROVED AS TO LEGAL By: A Asst. City Attorney ATTEST: (If Corporation) n (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF C . RPUS CHR1- TI By: Juan erales, Jr.,P Assistant City Ma ager Public Works, Utilities, and Transportation By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR KST Electric, a Subsidiary of Rosendin Electric, Inc. By: Title: Chief Financial Officer 14215 Suncrest Road (Address) Manor, TX 78653 (City) (State)(ZIP) 512/272 -8841 * 612/272 -8986 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 l AUTtltlRIZ ffi T COUNCIL 0 5.J /I ( SECRETARY ROSENDIN ELECTRIC, INC. SIGNING AUTHORITY RESOLVED, effective May 10, 2010 that the following officers and /or managers of this corporation are hereby authorized and directed for, and on behalf of this corporation, to execute: 1) CONSTRUCTION CONTRACTS (from our clients) a) Contracts without regard to monetary limits: b) Contracts under $10M value: Torn K. Sorley Larry Beltramo James N. Hawk Lorne Rundquist Rick Shandrew Randy Heusser Steve Scates John Koester Willie Micene Jon Woodworth 2) CONSTRUCTION CONTRACT MODIFICATIONS (from our clients) a) Contract modifications without regard to monetary limits: Tom K. Sorley Larry Beltramo James N. Hawk Lorne Rundquist b) Contract modifications under $5M value: Rick Shandrew John Koester Steve Scates Randy Heusser Willie Micene Jon Woodworth c) Contract modifications under $500,000 in value Nady Ishak Terry Legler Mike Greenawalt Alan Frese Todd Mazza Greg Santos Ron Clarkson Steve Collier Mitch Hughes Mike Turner Tony Schults Paolo Degrassi Angie Hart David Lincoln P R O P O S A L F O R M F O R O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603; DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS ADDENDUM No. 3 Attachment No. 6 Page 1 of 9 P R O P O S A L Place: Date: June 22, 2011 proposal o,f KST Electric, A Subsidiary of Rosendin Electric, Inc. a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as KST Electric, A Subsidiary of Rosendin Electric, inc. 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: 0.N_ STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. $603; at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: ADDENDUM No 3 Attachment No. 6 Page 2 of 9 O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 Proposal Form Page 3 of 9 ADDENDUM No 3 Attachment No 6 Page 3 of 9 BASE BID I II III v BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES Szn ITEM EXTENSION Al . 1 LOT The installation of a new Power Control Rooms (PCRs)No. 7, inclusive of foundations, building walls, roof and all required components. MV & LV Switchgear, transformers, panel boards, required duct banks, 5kv primary feeder from PCR No.1, fiber optic communications cable from PCR No.7 to PCR No. 3, re- feeding of existing equipment, and associated demolition, per drawings and specifications as lump sum amount. .See Scope of Work Items 1, 2, 11,12,13,&14 $1,260,811.00 $ 1,260,811.00 A2_ 1 LOT The installation of a new Power Control Rooms (PCRs)No. 8, inclusive of foundations, building walls, roof and all required components. MV & LV Switchgear, transformers, panel boards, required duct banks, Skv primary feeder from PCR No.1, fiber optic communications cable from PCR No.8 to PCR No. 1, re- feeding of existing equipment, and associated demolition, per drawings and specifications as lump sum amount with exception to Alternate 41 Bid Items. See Scope of Work Items 1, 2, 6,7,8,9,& 10, $1,396,633.00 $1,396,633.00 A3 1 LOT The installation of a new Power Control Rooms (PCRs)No. 9, inclusive of foundations, building walls, roof and all required components. MV & LV Switchgear, transformers, panel boards, required duct banks, Skv primary feeder from PCR 1o.1, fiber optic communications cable from PCR No.9 to PCR No. 7 and PCR No. 8, re- feeding of existing equipment, and associated demolition, per drawings and specifications as lump sum amount with exception to Alternate 41 Bid Items. See Scope of Work Items 1, 2,& 10 $t200,166.0G 1,200,166.00 A4 1 LOT Demolition work and installation of new power distribution equipment and feeders to existing equipment within Chemical Bldg, Gas Measurement Bldg, and Lab Bldg per drawings and specifications as lump sum amount with exception to Alternate 41 Bid Items. See Scope of Work Items 1, 3, 4, & 5 $359,563.00 $ 359,563.00 AS. 3.83 AC Site Clearing and Stripping, complete in place per acre. $9,435.00 $ 36,136.05 Proposal Form Page 3 of 9 ADDENDUM No 3 Attachment No 6 Page 3 of 9 O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 Proposal Form Page 9 of 9 ADDENDUM No. 3 Attachment No. 6 Page 4 of 9 BASE BID II III IV ii HID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION 18,550 5Y Site Grading, complete in place per square $1.96 $ 36,358.00 yard. 1,110 LF Channel Excavation, complete in place per linear foot. $9.07 $ 10, 067.70 1,243 5Y Soil Retention Blankets, complete in place per square yard. $2.81 $ 3,492.83 22,9G0 SY Subgrade Preparation, complete in place per square yard. $1.48 $ 33,980.80 A10. 22,960 SY Geo -grid Base Reinforcement, complete in place•per square yard. $6 32 $ 145,107.20 All. 22,295 SY Flexible Base, complete in place, per square $17.53 $ 390,831.35 yard. Al2. 4,313 GAL Prime Coat (MC -30), complete in place per gallon. $6.78 $ 29,242.14 A13. 21,563 SY 2- Course Surface Treatment, complete in place per square Yazd. $6.19 $ 133,474.97 A14. 92 LF Concrete Lay-down Curb, complete in place per linear foot. $44.02 $ 1,848.84 A15. 117 LF Concrete Valley Gutter, complete in place per linear foot. $187.55 $ 21,943.35 A16. 20 5Y Pavement Repairs, complete in place per square yard. $156.92 $ 3,138.40 A17 100 LF 18 -inch Class III Reinforced Concrete Pipe Culvert (RCP), complete in place per linear $66.53 $ 6,653.00 foot. A18 4 Concrete Bollards, complete in place per each. $598.00 $ 2,392.00 A19. 7,800 SY Seeding For Erosion Control, including fertilizer and maintenance watering, complete in place per square yard. $.40 $ 3,120.00 A20. 1 LS • Storm Water Pollution Prevention Plan Requirements (5.63 AC), including Silt Fence & BMP's, complete in place per lump sum. $27,155.00 $ 27,155.00 A21. 1 LS Chain Link Fence Modifications, including 8' High By 14' Wide Double Leaf Gate Assembly, complete in place per lump sum_ $5,565.00 $ $5 565.00 A22 1 LS Hydro- excavation exploratory. excavations $155,884.00 $155,884.00 Proposal Form Page 9 of 9 ADDENDUM No. 3 Attachment No. 6 Page 4 of 9 O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 II BASE BID III BID ITEM QTY & UNIT DESCRIPTION rv UNIT PRICE IN FIGURES A23 1 LS Utility relocation allowance resulting from exploratory excavations $50,000.00 A24 1 LS PCR -7 Motor Control Center (MCC -7) $59,787.00 HID ITEM EXTENSION $_5o,000.00 A25 1 LS PCR -8 Motor Control Center (MCC -8) $71,358.00 A26 1 LS PCR -9 Motor Control Center (MCC -9) TOTAL CIVIL AND ELECTRICAL ITEMS, BASE BID - (ITEMS Al THUR A26) Proposal Form Page 5 of 9 $78,152.00 59,787.00 71, 358.00 $ 78,152.00 5 ZZ1BLo.103 C4 $ ADDENDUM No. 3 Attachment No. 6 Page 5 of 9 O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 ADDITIVE ALTERNATE No. I I iI iri BID ITEM QTY & UNIT Iv 1 v AA]. 1LS DESCRIPTION UNIT PRICE IN FIGURES $m ITEM EXTENSION Alternate #1 Bid Items as outlined in contract drawings including: 4.16 KV North / South Loop Tie. Pre - Sedimentation Basin Low Lift Pump Station Re -Feed. Demo of Pre--Sedimentation Basin Primary Transformer and MCC and associated equipment_" Re -Feed of existing Pre - Sedimentation Basin MCC from PCR -8. $240,027.00 1 LS Storm Water Pollution Prevention Plan Requirements (0.22 AC) for Additive Alternate #1, including Silt Fence & BMP's, complete in place per lump sum. $1,000.00 240, 027.00 $ 1,000.00 TOTAL CIVIL and ELECTRICAL ITEMS, ADDITIVE ALTERNATE #1 ITEMS (AA1 AND AA2) $� 241027.00 5 52,41 $6a.6 3 TOTAL BASE BID: $ co, (ITEMS Al TRIM A26) TOTAL BASE BID PLUS ADDITIVE ALTERNATE 41: (ITEMS Al THUR A26 plus AA1 AND AA2) 4 3,se 1,3 $ CGS The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of "Proposal Form Page 6 of 9 ADDENDUM No. 3 Attachment No. 6 Page 6 of 9 O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract arid a City £ description of the work to be performed and its dollar value Corpus for bid evaluation purpose. Chnsti 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 545 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. Confirmation that information required by Special Provisions A28, A29, A30, and A5 is provided with this proposal. Receipt of the following addenda is acknowledged (addenda number) : IrdrAt 4 f j ,./j4 (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name: Chris Gerhest By: (SIGNATURE') Address: 2411 Rand Morgan (P.O. Box) (Street) Corpus Christi, TX. 78410 (City) (State) (Zip) Telephone: (361) 248 -4901 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Proposal Form Page "1 of 9 (Revised August 2000) ADDENDUM No 3 Attachment No. 6 Page 7 of 9 PERFORMANCE BOND Pacific Indemnity bond no. 82284485 :Colonial American/Zurich bond no. 09066257 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That KST Electric, a Subsidiary of Rosendin Electric, Inc. of the City of Manor, County of Travis, and State of Texas, as principal ( "Principal "), and (1) Pacific Indemnity Company;(2) Colonial American Casualty and ** , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals („Surety "), are held and firmly bound unto the City of Corpus Christi, a Horne Rule municipal corporation of Nueces County, Texas ("City" or "OWNER "), in the penal sum of FIVE MILLION, FIVE HUNDRED TWENTY -TWO THOUSAND, EIGHT HUNDRED SIXTY AND 63/100 U.S. Dollars ($5,522,860.63 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: **Surety Company;(3) Zurich American Insurance Company Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 30TH of AUGUST , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: O.N.STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 (TOTAL BASE BID: $5,522,860.63) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011} Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503,005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 14th day of September 20 11 PRINCIPAL SURETY KST Electric, a Subsidiary of Rosendin Electric, Inc. Pacific Indemnity Company By: Title: Chief Financial Officer Address:880 Mabury Road San Jose, CA 95133 (Rev. Date May 2011) By: Attorney-in-fact Lisa M. Lucas Address: 15 Mountain View Road Warren, NJ 07059 Telephone: (908) 903 -3493 Colonial American Casualty and Surety Comma By: Attorney -in -fact Lisa M. Lucas Address: 1400 American Lane, Tower 1, 19th floor Schaumburg, IL 60196 Telephone: (847) 605 -6000 Zurich American Insurance Company By: Attorney-in-fact Lisa M. Lucas Address: 1400 American Lane, Tower 1, 19th floor Schaumburg, IL 60196 Telephone: (847) 605 -6000 Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Randy Lee Agency: Swanter & Gordon Insurance Agency, LLC Address: 500 N. Shoreline, Suite 1200 (Physical Street Address) Corpus Christi, TX 78401 -0361 (City) Telephone: 361 -883 -1711 (State) (Zip) E -Mail: RLee@s-gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law.: • Note: Surety Agents Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 CALIFORNIA ALL. PURPOSE ACKNOWLEDGMENT r. • State of California County of Contra Costa On Sept, fy ac"fi before me, Date • .,: ,: - :` •,: •i: .-'�; y: is r.r- •r r-« Patricia Burdock, Notary Public Here Insert Name and Trtle of the Officer personalty appeared Lisa 14. Lucas Names) of Signer(s) z PATRICIA BURDOCK Commission # 1884371 Notary Public - California n Contra Costa County _ My Comm. Expires Mar 28, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: b Signature of Notary Public Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800876 -6827) Item 85947 CALIFORNIA ALL.PURPOSE ACKNO State of California County of Santa Clara On September 15, 2011 Data personally appeared before me, EDGMENT Cathy Lyn A. Serrano, Notary Public Here Insert Nerve and Tina of the b8rcer Lorne Rundquist Name(s) of Signegs1 CATHY LYN A. SERRANO Commission # 1807497 M1( w Notary Public - California �yT Santa Clara County Cornrn, Expires JuI 26, 2012 Pitta Notary Seal Above, who proved to me on the basis of satisfactory evidence to be the persopt{e ).Whose namefe)-isr4aFe. subscribed to the within instrument and acknowledged to me that hellaNgit e - executed the same in his /her /tpcir authorized capacity(les), and that by his4her /their signatures} -on the instrument the personl;s),- or the entity upon behalf of which the person(a)-acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han Signature. OPTIONAL gnalure of Notary Pu:31ic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond (Pacific Indemnity Bond# 82284485; Colonial American /Zurich Bond# 09066257) Document Date: September 14 2011 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Lorne Rundquist i.3 Individual Kl Corporate Officer — Title(s): CFO .:r Partner — M3' Limited El General 5 Attorney in -Fact Ei Trustee 0 Guardian or Conservator i 's Other: Signer Is Representing: Rosendin Electric, Inc. 4HTTHuNI .PRINT or SIGNER ::r, Top of ihu mb Ike Number of Pages: 3 Signer's Name: ., El individual El Corporate Officer — Title(s):.,..,..,.. -.. 0 Partner --- C; Limited Li General i.:1 Attorney in Fact 0 Trustee Guardian or Conservator Other: Signer Is Representing: FUGHT.TBUMBPR : OF51.G�SEF[ Top o thuni.there wi; rrp:a_e. . may-it e0-4a" •ar�;.N�;mirF:.. ', 4'- 6 -e+b'_ ..'1?.d'derr-tr ei 02007 National Nb1rry, A.se.acat ion • 6350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 41313 .2402+ w-vnr.NationeeNotary.or item x69p7 R9ordar, C.UII 10- G1,80 76^64327 PAYMENT BOND Pacific indemnity bond no. 82284485;Colonia! American/Zurich bond no. 09066257 STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: That KST Electric, a Subsidiary of Rosendin Electric, Inc. of the City of Manor, County of Travis, and State of Texas, as principal ( "Principal "), and (1) Pacific indemnity Company;(2) Colonial American Casual and Surety **, a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of FIVE MILLION, FIVE HUNDRED TWENTY -TWO THOUSAND, EIGHT HUNDRED SIXTY AND 63/100 U.S. Dollars ($ 5,522,860.63 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 'Company;(3) Zurich American Insurance Company Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 30TH day of AUGUST, 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: O.N.STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 (TOTAL BASE BID: $5,522,860.63) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended_ In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 14th day of September , 20 11. PRINCIPAL KST Electric, a Subsidiary of Rosendin Electric, Inc. By: Title: Chief Financial Officer ATTEST: Y I Secretary j witness Address: 880 Mabury Road San Jose, CA 95133 (Rev. Date May 2011) SURETY Pacific Indemnity Company By: M Attorney -in -fact Lisa M. Lucas Address: 15 Mountain View Road Warren, NJ 07059 Telephone: (908) 903 -3493 Colonial American Casualty and Sure Com any, By: Attorney-in-fact Lisa Lisa M. Lucas Address: 1400 American Lane, Tower 1, 19th floor Schaumburg, IL 60196 Telephone: (847) 605 -6000 Zurich American insurance Company �y� By: V�t1. �....—f �` Attorney -in -fact Lisa M. Lucas Address: 1400 American Lane, Tower 1, 19th. floor Schaumburg, IL 60196 Telephone: (847) 605 -6000 Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Randy Lee Agency: Swanter & Gordon insurance Agency, LLC Address: 500 N. Shoreline, Suite 1200 (Physical Street Address) Corpus Christi, TX 78401 -0361 (City) (State) (Zip) Telephone: 361- 883 -1711 E -Mail: RLee @s- gins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract_ END Rev. Date May 2011 Payment Bond Page 3 of 3 C CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ,. . State of California County of Contra Costa } 47, 41,„"-• On .s'Lt- / apJ/ before me _ Patricia Burdock, Notary Public Here Insert Name and Title of the Officer tae personally appeared Lisa M. Lucas Name(sl of Signer(s) • z z PATRICIA BURDOCK Commission # 1884371 Notary Public - California z Contra Costa County M Comm. Ex ires Mar 28, 2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑ Limited © General ❑ Partner — ❑ Limited ❑ General IM Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Place Notary Seal Above Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 2009 National Notary Association • NationalNotary.org • 1.600 -US NOTARY (1- 600 -676 -6627) Item #5907 CALIFORNIA ALL - PURPOSE ACKNO - State of California County of Santa Clara On September 15, 2011 Dale personally appeared «4 . , before me, LEDGMENT Cathy Lyn A. Serrano, Notary Public Hare Insert Name and Title of !tee Officer Lorne Rundquist v. . CATHY LYN A. SERRANO ,` Commission # 1807497 � r5 11 Notary Public - California E Corn; t Expires Jul 2.8.20_12A Place Millar,' Seal Abnwe MIMEO) ct Sigrler(si who proved to me on the basis of satisfactory evidence to be the person{4whose names} is /.subscribed to the within instrument and acknowledged to me that hek, e4 fey- executed the same in hisauthorized capacity{iesj, and that by him signature s ) on the instrument the person4), or the entity upon behalf of which the personacted, executed the instrument, 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Signature OPTIONAL gesture of fdota ry Pu:11in Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond (Pacific Indemnity Bond# 82284485; Colonial American /Zurich Bond# 09066257) Document Date: September 14 2011 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Lorne Rundquist 1 Individual X:' Corporate Officer — Title(s): CFO . Partner — Limited El General i:] Attorney in Fact 1. Trustee Guardian or Conservator Li Other: Signer is Representing: Rosendin Electric, Inc. ¢'x7.007 Naticmai Nose y iGi m ume?Filrn -: oFSIGNER op of 1Wit) here Number of Pages: 3 Signer's Name: Li individual €::::1 Corporate Officer —Title(s): _ .... i0 Partner Limited 0 General ;:::1 Attorney in Fact CI Trustee 0 Guardian or Conservator J Other: Signer Is Representing: w*: -.a, r�..ei•. ,�•�s'e'i e.'�vi .ar ^z r'. °are lion• 9350 De Soto Ave.,P.OHOe 2492. Clretsworlh, CA Bt 313 -24E •wvna,NatiortsKttery.er9 ham 45907 Per afcruMePn OF SIGNER. Top n' thumb here r•CeN TpJ•Free 1.800875 -4327 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 CHUBB Know All by These Presents. That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint A.W. Brown, Lisa M. Lucas, William Phillips, Jr., Veronica Ramirez and D. Richard Stinson of San Ramon, California each as their true and lawful Attorney- in Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bands or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 5th day of October, 2009. Kenl, G. fNendet, Assistant Secretary STATE OF NEW JERSEY County of Somerset On this 5th day of October, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the saki Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponents presence. SS. e STEPHEN 8. BRADT Went Public, State of New Jersey Na 2321087 Commission Expires Oct 25. 2014 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies ") do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin 'stands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iil) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 3c p{ 6 .r I 1j1` a ��nne C. a del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903 - 3493 Fax (908) 903- 3656 e -mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant — Secretary, m pursuance of authority granted by Article VI, Section 2, of the By -Laws of said + y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d biAtereby nominate, constitute and appoint D. Richard STINSON, Lisa M. LUCAS, Willia : it iltl' A.. .t ''a WN and Veronica RAMIREZ, all of San Ramon, California, EACH its true . • • „ii.,,?, �; URICH AMERICAN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the ZURICH AMERICAN INSURANCE COMPANY, a corporation created by and existing under the laws of the State of New York does hereby nominate, constitute and appoint D. Richard STINSON, Lisa M. LUCAS, William PHILLIPS .PR., A.W. BROWN and Veronica RAMIREZ, all of San Ramon, California, EACH its true and lawful Attorneys -In -Fact with power and authority hereby conferred to sign, seal, and execute in its behalf, during the period beginning In date of issuance of this power, : any and all bonds and undertakings, recognizances or other written obligations in lit f, and to bind ZURICH AMERICAN INSURANCE COMPANY thereby, and all of the acts of said Attorney s -' +rt �*` es��-nts are hereby ratified he AV .. duly adopted by the and confirmed . This Power of Attorney is made and executed pursuant to an.. : Board of Directors of the Company which By -Law has not been ame 1C4Nri � Article VI, Section 5. "...The President or a Vice Pres i "�s. - '�T=aetary or an Assistant Secretary may appoint any person Attorney-In-Fact with i 5iit sure /1�� .1 i. the Company and other formal underwriting contracts in reference thereto an ' - p ntC tF T 1 .� .r.. gal polices and bonds of all kinds and attach the corporate seal. Any such officers m per• ers ...se This Power of Attorney is si ai el al x. E 1 der and by the authority of the following Resolution adopted by the Board of Directors of the ZURICH • �" a k,. S Pi. ICE COMPANY by unanimous consent in lieu of a special meeting dated December 15, 1998 4r�% " RESOLVED, that the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile on any Power of Attorney pursuant to Article VI, Section 5 of the By -Laws, and the signature of a Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power. Any such power or any certificate thereof with such facsimile signature and seal shall be valid and binding on the Company. Furthermore, such power so executed, sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding on the Company." IN WITNESS WHEREOF, the ZURICH AMERICAN INSURANCE COMPANY has caused these presents to be executed in its name and on its behalf and its Corporate Seal to be hereunto affixed and attested by its officers thereunto duly authorized, this 5th day of October, A.D. 2009. This power of attorney revokes that issued on behalf of D: STINSON, Lisa M. LUCAS, William PF1TLLIPS JR., - A.W. BROWN, dated December 17, 2007. .1,414'.....-' .,...-80:1.1 NS.... — 1998 °• :Y * ,,w Aj 'x ..J � STATE OF MARYLAND} ss: By: CITY OF BALTIMORE Gregory E. Murray Secretary Frank E. Martin Jr. Vice President On the 5th day of October, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came the above named Vice President and Secretary of ZURICH AMERICAN INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument and they each acknowledged the execution of the same and being by me duly sworn, they severally and each for himself deposed and said that they respectively hold the offices in said Corporation as indicated, that the Seal affixed to the preceding instrument is the Corporate Seal of said Corporation, and that the said Corporate Seal, and their _ respective signature as such officers, were duly affixed and subscribed to the said instrument pursuant to all due corporate authorization. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above. ZURICH AMERICAN INSURANCE COMPANY Notary Public My Commission Expires: July 8, 2011 This Power of Attorney limits the acts of those named therein to the bonds and undertaking specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein.stated. CERTIFICATE 1, the undersigned, a Secretary of the ZURICH AMERICAN INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect, and further certify that Article VI, Section 5 of the By -Laws of the Company and the Resolution of the GPI SNSU ms's. Ap In �p era :n_ the �� dayofSCpi[.% her (2 /J ,u1c PIA- 1998 ,:'`ar ..,...,..*.+ .. Board of Directors set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF I have hereto subscribed my name. and affixed the seal of said Company Eric D. Barnes Secretary POA -Z ZA 016 -0064B Serial Number: KE2009October05ZA 12/07ZA 016 -0064B O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL, DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: KSI' Electric, A Subsidiary of Rosendin Electric, Inc. CITY: 2411 Rand Morgan ZIP: Corpus Christi 78410 1. Corporation 2.Partnership ® 3.Sole Owner ❑ 4. Association 5. Other 111 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership .interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None Proposal Form - Page 8 of 9 ADDENDUM No. 3 Attachment No. 6 Page 8 of 9 O.N. STEVENS WATER TREATMENT PLANT ELECTRICAL DISTRIBUTION IMPROVEMENTS PROJECT NO. 8603 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)1 CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Chris Gerber (Type or Print) Title: Division Manager, South Texas Signature of Certifying '. ' Date: Person: DEFINITIONS June 22, 2011 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 9 of 9 ADDENDUM No. 3 Attachment No. 6 Page 9 of 9 CERTIFICATE OF LIABILITY INSURANCE DATE NAWDOWYYT) 09/27/2011 THIS CERTIFECATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HO-1.5-s-- CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poticy(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). 1- 925 -244 -7700 Centers {EPIC) ppODUCER LIC 40629370 Eagewood Partners Insurance ISan Ramon Branch3 p. 0. BOX 5003 Sari Ramon, CA 94583 INSURED R .5• Electric, LTD 14215 Suncrest Road Manor, TX 78453 CO NAME. ACT Edgewood Partners Insurance Center PHONE FAX No.Estl: (925)244 -7700 ILA1c N,. /92$}901 -0671 E-MAIL ADDRESS; £PICCertseedgewoOdins.co � -•�- m INSURER {S) AFFORDING COVERAGE INSURER A : TRAVELERS PROP CAS CO or AMER 2 5674 SURERB: NATIONAL UNION FIRE INS CO of PITTS— •��19945 1N 22292 INSURER C : HANOVER INS CO INSURER 0 : AGCS MARINE INS CO INSURER E : INSURER F : 22837 COVERAGES CERTIFICATE NUMBER: 23221698 • -THIS IS TO CERTIFY INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE EXCLUSIONS AND CONDITIONS THAT THE POLICIES ANY REQUIREMENT, ISSUED OR MAY OF SUCH ANCE OF INSURANCE PERTAIN, POLICIES. ADbt INSR LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN REDUCED SUER NVD' POLICY NUMBER ISSUED TO CONTRACT THE POLICIES BY POLICY EFF (MtAIDDNYYY} THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. -"""-" INSR LYR TYPE OF INSU POLICY EXP fMMlDDIYYYY) • - _"----- LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL j I X l OCCUR VTC20C01A064455 04/01/1], 04/01/12 b% EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED -- PRE SES(EaacurrenceL $ 300,000 ' ^_ --- ._ - 1 CLAIMS -MADE MED EXP Any one person) $5,000 PERSONAL & ADV INJURY $ 1. 00 0. 000 GENERAL AGGREGATE ':4 s 2,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a PRO. LOC PRODUCTS 4- 2, 000, OOD -� $ A AUTOMOBILEUABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS EAPD- $1& _ Bed ` -' SCHEDULED AUTOS NON -OWNED AUTOS VTC2JCAP9495A655 04 01 1 r4 r 12 7 COMM ED SINGLE LIMIT (Ea accidenll 1 000, 000 X BODILY INJURY {Par parso $ __ X BODILY INJURY (Per accident ( ) $ PROPERTY DAMAGE SPeraccideD__ $ X - 1$ - g 1 X UMBRELLA AJ OCCUR EXCESS LIAB -- CLAIMS -MMAJ DEO 1 ! RETENTION$ 18E3.9715159 09/D1/1]1 04/01/ 2 I EACH OCCURRENCE 25,000,000 AGGREGATE $ 25, 000, 000 _ $ WORHERSCOMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) If yes, describe der wider DESCRIPTION OF OPERATIONS Y f N N 1 A IV3'C2JUB9495A62A11 04/01/1 09/01/ 2 e/ 1 WCSTATU• 1 'OTH, X I TQ3.Y L ;NITS : E.L. EACH ACCIDENT - ---- - --- -• $ 1, 000 , 0 0 0 - - - -- I / below / E.L. DISEASE - EA EMPLOYE $ 1, 000, 00 0 E.L. DISEASE - POLICY LIMIT $ 1, 000,000 -{ C D Installation Floater +AAe Rented /Leased Equipment IHF9308407 :MXI93029863 09/26/1/ 06/30/13 04/01/1 04/01/12 $5,522,860 5,522,860 325,000 Limit lCkDeCS DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES (Attach ACORD 101, AddltIonal Remarks Schedule, if more space is required) Project 18603 / RE: 0.16. Stevens Water Treatment Plant Electrical Distribution Improvements City of Corpus Christi is named Additional Insured on all General Liability (GL). and all Automobile Liability (AL) and Installation Floater policies. CERTIFICATE HOLDER CANCELLATION Project 118603 City of Corpus Christi Engineering Services Attn: Contracts Administrator p,0, Box 9277 Corpus Christi, TX 78469 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) cward 23221698 4 1968 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD E.P.I 7 edgewood partners insurance center To Whom it may concern From: Mary Keck Named Insured: CST Electric, Ltd / Policy Number(s): VTC2JC01A064455 - General Liability @// VCC2JCAP9495A655— Automobile Liability t/ VTC2JUJB9495A62A11 -- Workers Compensation tr` IHF9308407 - Installation Floater V . Effective Date(s): 04/01/11 ICE: Notice of Cancellation Should the above described policy be cancelled before the expiration date thereof, we will mall 30 days written notice to the Certificate Holder named on the attached Certificate of Insurance; except, 10 days notice for non- payment of premium. Sincerely, Mary Keck Account Manager (925) 244 -7700 P.O. Box 5003 San Ramon, CA 94583 P• 925.244.7700 . F:925.901.0244 E CAlicense0e29370 www.edgewoodins.com EP.I.0 edgewood partners. insurance center To; Whom it may concern From: Mary Keck Named Insured; KST Electric, Ltd 1° Policy Nutnber(s); VTC2JC01A064455 - General Liability @ VTC2JCAP9495A655 — Automobile Liability t/ VTC2.1UB9495A52A11 -- Workers Compensation rl IHF9308407 - installation Floater / _ Effective Date(s): 04/01/12 RE: Notice of Cancellation Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the Certificate Holder named on the attached Certificate of Insurance; except, 10 days notice for non- payment of premium. Sincerely, Mary Keck Account Manager (925) 244-7700 P.O. Box S003 • San Ramon, CA 94S8 P! 825.244.7700 • F:925.901.0244 • CA license 0529370 www,edgewoodlns.com SUPPLEMENT TO CERTIFICATE OF INSURANCE ��`£ 09/27/2fl11 NAME OF INSURED: AST Electric, LTD Additional Description of Operations /Remarks from Pape 1: Additional Information' Workers Compensation does not apply to monopolistic states. The forms and endorsements attached to this certificate are applicable only when required by separate written contract or agreement. Page. } of POLICY NU'vi rill: vmc2JCn'_AO6445 5 CG D2 46 08 05 THiS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY /BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO 3S AN INSURED -- ( Section II) is amended to Include any person or organization that -you agree in a "written contract requiring insurance" to Include as an adtiittonai insured an this Coverage Part, but; aj Only with respect in liability for "bodily inury", "properly damage" or 'personal iniurf "; and b) 11, and only to the extent that, the injury or damage is caused by arcs or omissions of you or your subcontractor in the performance of "your worts to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional Insured with respecl to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of 1nsUrance of this Coverage Part shown in the Declarations exceed the limits of #lability required by the "written contract requiring insurance ", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contradt requiring insurance ". This endorsement shall nol increase the limits of insurance described in Section ill M Limlts,Of Insurance. b) The insurance provided to the additional insured does not apply lo "bodily injury", "property damage" ar 'personal injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or surweyirrg services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opintgns, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and It. Supervisory, inspection, architectural or engineering activities. cr The insurance provided to the additional insured does not apply to "bodily injury" or "properly damage" caused by "your work' and tnciudad in the "producis•compieted operations hazard" unless the. "wrllen contract requiring insurance" specifically requires you to provide such coverage for that additional nsured, and then the insurance provided to the additional Insured applies only to such "bodily injury" or 'property damage" that occurs before the and of the period of time for which the "written contract requiring insurance" requires you lc provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and ooltactible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we ooVer under this endorsement. However, if the "written contract requiring insurance" speoifrcally requires that this insurance apply on a primary bests or a primary and non - contributory basis, this insurance is primary to 'other insurance" available to the addi €tonal Insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance ", wheiher primary, excess, contingent or on any other bests, that is available to the additional insured when that person or organization is an additional insured under such "other insurance ". 4. As a condition of coverage provided to the additional Insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence' or an offense which ntay rescdi ir, e claim To the extent possible, such notice shoutd include: 1. How, when and where the "occurrence" or offense cook place; it. The names and addresses of any injured persons and witnesses, and hi Page 2 of 2 iii. The nature end location of any injury or damage arising out of the "occurrence or offense. It a claim Is tirade or °suit" is hrougl.t against the additional insured, the r,ddiiional insured must: Immediately record the specifics of the ciatrn or "suit" and the dale received; and it. Nosily us as soon es predicable, The additional insured must see to If that vre receive written notice of the claim or "su ?t" as soon as practicable. c} The additional insured muss immediately send us copies of all legal papers received in connection wilt the claim or "suit ", cooperate wlth us in the invesfigaiion or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured mutt lender he defense and Indemnity of any claim OF 'suit' to any provider o! "ether insurance' which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided io the additional insured by this endorsement is primary to "other insurance" evallable to the additional insured which covers !hat person or organization as a named insured as described In paragraph 3, above. 5. The following definition is added to SECTION V.— DEFINITIONS; "Written contract requiring insurance" mean that part of any written contract or agreement wider which you are required lo include a person or organization as an additional insured on this Cfeverage Parl, provided that the "bod"riy Injury" and "property damage" occurs and the "personas injury" is caused by an offense corru?ritied: a. Atter the signing and execution of the contract or agreement by you; b, Willie (hat part of the contract or agreement is in effect; and c. Before the end of the policy pertod. CG 02460305 J Tige I a-16 PO[,1CY IUtV1[3ER: VTC2JCO1AQ64455 CG 0316 07 04 THIS ENDORSEMENT CHANGE -S THE POLICY. PLEASE READ IT CAREFULLY, ti CONTRACTORS XTEiD ENDORSEMENT This endorsement modifies insurance provided under the fclIo- ng: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - Provisions A. -H. and J, -N, of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage, The following listing is a general coverage description only, Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered, A. Broadened Named Insured B. Extension of Coverage - Damage To Premises Rented To You ▪ Perils of fire, explosion, lightning, smoke, waler e Limit increased to $300,040 [C. Blanket Waiver of Subrogation D. Blanket Additional Insured - Manageie or Lessors of Premises E. incidental Medical Malpractice F, E-Xtension of Coverage- Bodily injury G. Contractual Liability -.Railroads H, Additional Insured -. Stale or Political Subdivisions 1, Other Insursnoo Condition J. Irtaeased Supplementary Payments o Cost of half bonds increased 10 $2,500 o toss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal injury -- Assumed by Contract N. Blanket Additional Insured - Lessor Di Leased Equipment PROV151Qt'3S A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organization named in item 1. of the Declarations and any organization, other than a partnership, joint venture or limited liability company, of which you maintain ownership or in which you maintain the majority interest on the effective date of the polity. However, coverage for any such additional organization will cease as of fine date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest !n, such organization. 2. WHO iS AN INSURED (Section if) item 4.a. is deleted and replaced by the fotfowing: a. Coverage under this provision is afforded only until the 360th day after you acquire or form the organization or the end of the policy period, whichever Is earlier, 3. This Provision A. does not apply to any person or organization for which coverage is excluded by endorsement, B. EXTENSION OF COVERAGE -- DAMAGE TO PREMISES RENTED TO YOU CGD3160'704 Page 2of6 1. The Iasi paragraph of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIAB TY (Section 1 — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by. you with permission of the owner, caused by: a. fire; la, Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section 111 Limits Of Insurenc,e, 2. This insurance does not apply to damage to premises while rentec1 to yoU, or temporarily occupied by you with permission of the owner, caused by: a. Rupture: bursting, or operation of pressure relief devices; b, Rupture or bursting due 10 expansion or swelling of the contents of any building or structure, caused by or resulting from water; 0. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section tit) is deleted and replaced by the following: Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented !o you or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or wafer. The Damage To Premises Rented To You Limit will apply to all "properly damage" proximately caused by the same "occurrenc ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or Water; or any combination of any of these causes, The Damage To Premises Rented To You Limit will be the higher of: a, $300,0a0; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a, of the definition of "Insured contract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage lo premises white rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting front such fire, explosion, or iightrtirg; or water, is not an "insured contract "; 5. This Provision B, does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C, BLANKET WAIVER OF SUBROGATION We waive any right of recovery We may have against any person or organization because of payments we make for injury or damage. arising out of: premises owned or occupied by or rented or loaned to you ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "persona! injury" cc "advertising injury" offense is committed. D. BLANKET ADDIT#ONAL INSURED — MANAGERS OR LESSORS O. PREMISES • WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, executed before the "bodily injury" or "property damage" occurs or the 'personal injury" or "advertising injury" offense is committed, to name as an additional insured, but only with respeot to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: POLICY NUMBER: VTC2JCAP9495AC,55 COMMERCIAL AUTO CA 26 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: ! BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement, This endorsement identifies person(s) or organization(s) who are `insureds" under the Who Is An Insured Provi- sion of the Coverage Form, This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below, Endorsement Effective: 04/0 I/11 SCHEDULE Name of Person(s) or Organizstion(s): ANY PERSON OR ORGANIZATION 73-ilAT YOU ARE REQUIRED TO rNCLUDE AS AN ADDITIONAL ENSURED ON Tia1S COVERAGE FORM IN A WRITTEN CONTRACT OR AOREI E'NT 11-IAT 1S SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An insured Provision contained in Section 11 of the Coverage Form. CA 2€148 02 99 Copyright, insurance Services Office, Inc.; 1998 Page 1 of 1 0 POEJCY NUMBER: VTC:23CAp9495A655 This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects Cov- erage. H. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV -- BUSINESS AUTO CONDITIONS, A. 2. Duties fn The Event Of Accident, Claim, Suit Or Loss, subparagraph a. is deleted and re- placed by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss" including: (1) How, when and vAtere the "accident" or "loss" occurred; (2) the "insured's" name and address; and (3) to the extent passible, the names and ad- dresses of any injured persons and wit- nesses. Your duty to give us or our authorized repre- sentative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: t, You, if you are an Individual; 2. A partner, if you are a partnership: or 3. An executive officer or insurance man- ager, if you are a corporation. I. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, S. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: COMMERCIAL AUTO 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- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such con - Tract. The waiver applies only to the person or organization designated in such oontract. J. UNINTENTIONAL ERRORS OR OMISSIONS SECTION tE! — BUSINESS AUTO COWOITIONS, B. General Conditions; 2. Concealment, Mis- representation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance, How- ever this provision does nal affect oar right to col- lect additional premium or exerose our right of cancellation or non- renewal. K. MENTAL ANGUISH SECTION V — DEFINITIONS, Definition C. is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. CA T3 63 01 04 Copyright, The Travelers indemnity Company Page 3 of 3 includes copyrighted material of Insurance Services Office, Inc., with its permission. *Dated POLICY NUMBER: VTC2,iCAP9495A655 charge, your policy will automatically provide tee addiiionaf coverage es of the day the re- vision Is effective in your state. 4. No Benefit To Bailee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any per- son or organization holding, storing or trans- porting property fora fee regardless of any other provision cities Coverage Form. - 15. Other insurance a. i IL t i 1 I r For any covered "auto" you own, this Coverage Form provides primary insur- ance. For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other col- lectible insurance. However, while a cov- ered "auto" which is a "trailer" is con- nected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a mo- 1 for vehicle you do not own. (2) Primary while it is connected to a covered "arito" you Overt, b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease. hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto ". ! c. Regardless of the provisions of Fera- 1 grape a. above. this Coverage Form's Li- t ability Coverage 15 primary for any liability L. assumed under an "insured contract". d. When this Coverage Foal and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Forrn is based on the exposures you told us yeu would have when this policy be- gan. We will compute the final premium due When we determine your actual ex- posures. The estimated total premium will be credited against the final premium dire and the first Named Insured will be billed CA 00 04 03 06 form COMMERCIAL AUTO for the balance, if any. The due dale for the final premium or retrospective pre - miurn is the date shown as the due date on fhe bill. tf the estimated total premium exceeds the final premium due, the first Named insured will gel a refund, b. if this policy is issued for more than one year, the premium forties Coverage Forms will be computed annually based on our rates or premiums in effect at the begin- ning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form. we cover "acci- dents" and "losses' oCCurnng: a. During the policy period shown in. the Declarations; and b. Within the coverage territory, The coverage territory is a. The United States of America; b. The territories and possessions of the United States of America; 0, Puerto Rico; d. Canada; and e. Anywhere in the world it: (1) A covered "aura" of the private pas- senger type is leased, hired, rented or borrowed without a driver for a pe- riod of 30 days or less; and The "insured's" responsibility to pay damages is determined ih a "suit" on the merits, in the United Stales of America, the territories and posses- sions of the United Stales of America, Puerto Rico, or Canada or in a set - tlement we agree to. We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. S. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Cover- age Form or policy issued to you by us or any company affil -sated with us apply to the same "accident ", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shalt not exceed the highest applica- ble Limit of Insurance under any one Cover- age Form or policy. This condition does not apply to any Coverage Form or policy issued by us or en affiliated company specifically to (2) ® ISO Properties, Inc,, 2005 Page a of 12 TRAVELERS POLICY NUMBER: VTC271.If9495A62A 11 WORKERS C MPERBATIOH AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC Oa os• i3 (us)-e1 jWAIVER OF OUR RIGHT TO RECOVER FROM OTHERS EWDORSEMENT 1Wa have the rlghl to recover out payments from-anyone li&6je for an Injury covered by this aoiloy. We will not enfrrrca ourdght against the persan or arganlzation named in the Schedule. ('his agreement picks oniyic the rodent that you pertannwork sunder a written crftttact that requires you to abtalt3 this agreemertt from us,) This agreement shell not operate directly or indirectly to benefit any one not Hamad In the Schedule. SCI- EDLlLE DESIGNATED PERSON: DESIGNATED ORGRICZAflON: APT P$R$CA on olleAN7'7.IiTI01R- POR 1OE T p Z2i8URE& $RS kdRaleP BY TrRXT'i 4 CONTRACT 87CECt1TEn B$SOi. x0 LOBS To P`mU iSE ME WAVER